Alimony and Spousal Support in West Virginia

There are four kinds of spousal support: permanent, temporary (while the case is pending), rehabilitative (for a limited time to allow the recipient to become employed), and spousal support in gross. Support can be ordered only if the spouses are actually living apart. The court considers factors including the length of the marriage, the time actually lived together, each party's income and earning ability, the property division, and others, and must also consider and compare each spouse's fault or misconduct as a contributing factor to the breakdown of the marriage.

West Virginia uses equitable distribution with a starting rule of equal division: the court divides marital property equally unless an exception in the law applies. Marital property is all property and earnings acquired by either spouse during the marriage regardless of how it is titled, plus increases in value of separate property caused by marital funds or either spouse's work. Separate property includes property acquired before marriage, by gift or inheritance, in exchange for premarital separate property, under a valid agreement, or after separation, and passive (market) growth of separate property.