Divorce

Alimony, called spousal support in West Virginia, is financial support paid by, or to, your spouse. A requirement for your spouse to pay spousal support can come from:

• an agreement that you and your spouse made in a pre-marriage (prenuptial or antenuptial) agreement;
• the terms of a separation agreement; or
• a court order issued by the judge during the divorce.¹

Note: You can only receive spousal support in West Virginia if you and your spouse do not live together.¹

Judges may consider many different factors when determining whether to order spousal support and how much spousal support to order. The amount of spousal support is generally up to the judge, and, unlike many other states, the judge does not rely on a set formula or list of factors.² The only factor a judge must consider by law is fault or misconduct, which is whether you or your spouse did anything to contribute to the end of the marriage. The most common other factors a judge may choose to consider are:

• how long your marriage lasted—the longer your marriage, the more likely it may be that you get spousal support;³
• how much money you and your spouse make—the bigger the difference in your incomes, the more likely it may be that you get spousal support;⁴ and
• your and your spouse’s ages, education, and future ability to earn money.⁵

¹ W. Va. Code § 48-8-101
²Rose v. Rose, 176 W.Va. 18 (1985)
³Banker v. Banker, 196 W.Va. 535 (1996); “Spousal Support: Frequently Asked Questions,” Legal Aid of West Virginia
⁴Driver v. Driver, 208 W.Va. 686 (2000); “Spousal Support: Frequently Asked Questions,” Legal Aid of West Virginia
⁵Porter v. Porter, 212 W.Va. 682 (2002); “Spousal Support: Frequently Asked Questions,” Legal Aid of West Virginia