Alimony · West Virginia · Factors only
Alimony in West Virginia
West Virginia family courts set the amount and duration of spousal support, if any, after weighing 20 statutory factors, including the length of the marriage, each party’s income and earning ability, property division, age and health, and the standard of living. Support may be permanent, temporary, rehabilitative or in gross; there is no amount formula.[1]
Key facts: spousal support in West Virginia
| How the law sets it | Factors only[1] |
|---|---|
| Key rule | Court weighs 20 listed factors[1] |
| Law last checked | October 26, 2026 |
How it's decided
Court weighs 20 listed factors[1]
West Virginia law sets no formula, cap or time limit for alimony, so there's nothing to calculate: the court weighs the factors below.
From the official text
What West Virginia law says about spousal support
Plain-English summaries of West Virginia’s statute and court rules as of the date shown on each, with the quoted text. Not legal advice: laws change and courts apply them case by case.
The statute
W. Va. Code § 48-6-301
The main spousal support statute: the court weighs 20 listed factors.[1]
W. Va. Code § 48-6-301 · checked October 26, 2026
Show statute text
“(b) The court shall consider the following factors in determining the amount and duration of spousal support and separate maintenance, if any, to be ordered under the provisions of parts V and VI,”
What the court weighs
Four classes of spousal support
Spousal support may be permanent, temporary (pending the case), rehabilitative, or in gross.[2]
W. Va. Code § 48-8-101(b) · checked October 26, 2026
Show statute text
“(b) Spousal support is divided into four classes which are: (1) Permanent spousal support; (2) temporary spousal support, otherwise known as spousal support pendente lite; (3) rehabilitative spousal support; and (4) spousal support in gross.”
When it applies
Parties must be living apart
Spousal support cannot be ordered unless the spouses are actually living separate and apart.[2]
W. Va. Code § 48-8-101(c) · checked October 26, 2026
Show statute text
“(c) An award of spousal support cannot be ordered unless the parties are actually living separate and apart from each other.”
Divorce in West Virginia: waiting period, residency and property rules →
Questions about alimony in West Virginia
Is there an alimony calculator for West Virginia?
No. West Virginia law doesn't set alimony by formula: west Virginia family courts set the amount and duration of spousal support, if any, after weighing 20 statutory factors, including the length of the marriage, each party’s income and earning ability, property division, age and health, and the standard of living. Support may be permanent, temporary, rehabilitative or in gross; there is no amount formula. — W. Va. Code § 48-6-301[1]
States with an alimony formula
Not legal advice. MediationList is a directory of court-listed mediators, not a law firm, and doesn’t endorse any mediator. Summaries follow the official text as of the date checked; courts apply it case by case.
Sources
West Virginia’s statute and court rules, read on the official site, with the date we checked each.