Alimony in West Virginia
State-specific overview · Family Law
West Virginia courts award alimony based on need and ability to pay, with no fixed formula or duration limit.
How West Virginia treats Alimony
West Virginia law (Code § 48-2-32) gives judges broad discretion to award alimony considering factors like earning capacity, age, health, and standard of living. The state recognizes both temporary alimony (during divorce) and permanent alimony (after divorce). Alimony terminates upon the recipient's remarriage or cohabitation, or upon either party's death.
The general definition of Alimony
Court-ordered payments from one spouse to another after divorce or separation.
Alimony is money that a court requires one spouse to pay to the other after they divorce or legally separate. It's designed to help the lower-earning spouse maintain a similar standard of living they had during the marriage. The amount and duration depend on factors like how long the marriage lasted, each person's income and earning ability, and their age and health. Alimony is different from child support, which is specifically for children's needs.
Read the full Alimony entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in West Virginia.