West Virginia Alimony Laws and Spousal Support

West Virginia Alimony Issues & Resources

West Virginia Alimony

West Virginia alimony or spousal support may be awarded to either party based upon the following factors: 
  • whether the spouse seeking alimony is the custodian of a child whose condition or circumstances make it appropriate for that spouse not to seek outside employment; 

  • the time and expense necessary to acquire sufficient education and training to enable the spouse to find appropriate employment, and that spouse's future earning capacity; 

  • the duration of the marriage; 

  • the comparative financial resources of the spouses, including their comparative earning abilities in the labor market; 

  • the amount of time the spouses actually lived together as wife and husband;

  • the tax consequences to each spouse; 

  • the age of the spouses;

  • the physical and emotional conditions of the spouses; 

  • the vocational skills and employability of the spouse seeking alimony; 

  • any custodial and child support responsibilities;

  • the educational level of each spouse at the time of the marriage and at the time the action for divorce is commenced;

  • the cost of education of minor children and of health care for each spouse and the minor children; 

  • the distribution of marital property; 

  • any legal obligations of the spouses to support themselves or others; 

  • the present employment or other income of each spouse; and 

  • any other factor the court deems just and equitable.

The marital misconduct of the spouses will be considered and compared in awarding alimony or spousal support. West Virginia alimony or spousal support will not be awarded to any spouse who: (1) was adulterous; (2) has been convicted of a felony during the marriage; or (3) deserted or abandoned his or her spouse for 6 months.

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