Spousal Support in West Virginia
State-specific overview · Family Law
West Virginia courts award spousal support based on need and ability to pay, with consideration of marriage length and standard of living.
How West Virginia treats Spousal Support
West Virginia does not use a rigid formula but instead requires courts to examine factors including the financial resources of each party, the standard of living established during marriage, and the length of the marriage. Courts may award temporary support during divorce proceedings and permanent support as part of the final decree. The state recognizes that spousal support serves to maintain the marital standard of living when one spouse lacks sufficient income or assets. Modification is available upon showing a substantial and continuing change in circumstances.
The general definition of Spousal Support
Court-ordered payments from one spouse to another, typically during or after divorce proceedings.
Spousal support, also called maintenance or alimony, is money one spouse pays to the other to help with living expenses during or after a divorce. It recognizes that one spouse may have sacrificed career opportunities during the marriage or may have lower earning potential. Courts consider factors like the length of the marriage, each spouse's income and earning ability, and their age and health when determining if support is appropriate and how much to award. Spousal support can be temporary (lasting only during the divorce process) or permanent (continuing indefinitely or for a set period).
Read the full Spousal Support 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.