West Virginia
West Virginia Spousal Support (Alimony) Laws: How It Works (2026)
Independently fact-checked against primary sources (last audited August 16, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 16, 2026. How we verify our legal content
West Virginia courts refer to what most people call "alimony" by its statutory name: spousal support. After a divorce or legal separation, a family court judge may order one spouse to provide financial support to the other. The amount, type, and duration are decided case by case: there is no formula.
Information last verified on June 1, 2026.
Estimate your situation: Try our free West Virginia alimony calculator to estimate spousal support and see the factors a West Virginia court weighs.
What Is Spousal Support in West Virginia?
Spousal support is a court-ordered payment from one spouse (the payor) to the other (the recipient) following a divorce or legal separation. West Virginia Code Chapter 48 governs the entire domestic relations framework, and Article 8 of that chapter is dedicated specifically to spousal support.
Under W. Va. Code sec. 48-8-101, a spousal support obligation can arise from three sources: a court order, an antenuptial agreement, or a separation agreement. The statute also specifies that support cannot be ordered unless the parties are actually living separate and apart from each other.
West Virginia law recognizes four distinct classes of spousal support. Each class has different rules about duration, modification, and what happens when circumstances change. Understanding which type applies to your situation is the first step in any spousal support analysis.
The Four Types of Spousal Support in West Virginia
1. Temporary Spousal Support (Pendente Lite)
Temporary spousal support: also called spousal support pendente lite: is awarded while a divorce case is still pending before the court. It is designed to maintain the financial status quo during the proceedings. Once the divorce is finalized, the temporary order is replaced by whatever the final decree provides.
Family courts and circuit courts both have jurisdiction to issue temporary support orders. The same general factors that guide permanent awards inform temporary ones as well.
2. Rehabilitative Spousal Support
Rehabilitative spousal support is time-limited support intended to help a financially dependent spouse become self-sufficient. Courts require specific findings of fact to explain the basis for a rehabilitative award, and those findings must give due consideration to the 20 factors listed in W. Va. Code sec. 48-6-301.
Under W. Va. Code sec. 48-8-105, a rehabilitative award may be modified when a substantial change in circumstances warrants termination, extension, modification, or conversion to permanent support. Relevant considerations include a reassessment of the recipient's work skills, the availability of a relevant job market, the recipient's age and health, and their ability to meet the rehabilitative plan.
One notable feature: rehabilitative spousal support is not subject to reduction or termination because of a de facto marriage under W. Va. Code sec. 48-5-707(a)(5).
3. Permanent Spousal Support
Permanent spousal support provides ongoing, indefinite payments from one former spouse to the other. Despite the name, it is not necessarily lifelong: it ends on the death of either party or on the recipient's remarriage, unless the court order or separation agreement expressly provides otherwise.
Permanent support is most often awarded in long marriages where one spouse has significantly lower earning capacity and cannot reasonably be expected to become self-sufficient. Courts may still modify a permanent award later if circumstances change materially.
4. Spousal Support in Gross
Spousal support in gross is a fixed, predetermined total amount paid either as a single lump sum or in installments. Because the total is fixed at the time of the order, it is generally not modifiable and does not terminate on the recipient's remarriage or death of the payor: the obligation runs to the estate. This type of award provides certainty for both parties and is sometimes used when the parties want a clean financial break.
How West Virginia Courts Decide: The 20 Statutory Factors
West Virginia has no formula for calculating spousal support. Instead, W. Va. Code sec. 48-6-301(b) directs courts to consider 20 enumerated factors "in determining the amount and duration of spousal support and separate maintenance, if any." Whether support is awarded at all, and which type, rests on the court's broader discretion under W. Va. Code sec. 48-6-301(a) together with the mandatory fault comparison in W. Va. Code sec. 48-8-104. Those factors are:
- The length of the marriage
- The period the parties lived together as spouses
- The current employment income and other earnings of each party
- The income-earning abilities of each party, considering education, training, skills, work experience, and caregiving responsibilities
- The effect of the distribution of marital property on the parties' respective financial positions
- The ages and physical, mental, and emotional condition of each party
- The educational qualifications of each party
- Any foregone economic or educational opportunities during the marriage
- The standard of living established during the marriage
- The potential for increasing income-earning ability through additional education or training
- Any financial contributions made by one party to the education or earning capacity of the other
- The anticipated cost of education or training necessary to improve earning capacity
- The anticipated cost of minor children's education
- The costs of health care for each party
- The tax consequences of the support award
- The extent to which custodial responsibilities limit a party's employment opportunities
- The financial need of each party
- Legal support obligations each party owes to others
- Costs associated with a minor or adult child's disabilities
- Any other factor the court determines necessary or appropriate
No single factor is controlling. A judge weighs all relevant factors together to reach an equitable result.
Fault and Marital Misconduct
West Virginia is one of the states that allows fault to affect a spousal support award. Under W. Va. Code sec. 48-8-104, when a court is deciding whether to award spousal support: or determining the amount: it must consider and compare the fault or misconduct of either or both parties and the effect of that fault as a contributing factor to the deterioration of the marital relationship.
Fault is not automatically disqualifying for a recipient or automatically reduces the payor's obligation. The statute calls for a comparative analysis: the court weighs both parties' conduct and how much each contributed to the breakdown of the marriage.
When Spousal Support Ends or Changes
Termination on Remarriage
Under West Virginia law, permanent spousal support ends on the remarriage of the recipient unless the order or separation agreement expressly provides otherwise. Courts also have discretion to decide at the time of the divorce whether payments will continue beyond remarriage. Spousal support in gross is not affected by the recipient's remarriage.
Termination on Death
W. Va. Code sec. 48-6-202 supplies the default rules when neither a separation agreement nor the court order addresses death. Permanent spousal support ends on the death of either the payor or the recipient. Rehabilitative spousal support follows the opposite default: it continues beyond the payor's death, in the absence of evidence that the payor's estate is likely to be insufficient to meet other obligations or that other matters would make continuation after death inequitable. Rehabilitative spousal support ceases with the payee's death. Spousal support in gross continues beyond the death of either party.
Cohabitation and De Facto Marriage
Under W. Va. Code sec. 48-5-707, if the recipient enters into a "de facto marriage" with another person after the divorce, the payor may petition the court to reduce or terminate spousal support. Courts examine factors such as whether the couple holds themselves out as married, the duration and permanence of the cohabitation, financial interdependence, and mutual support.
The burden of proving a de facto marriage falls on the payor by a preponderance of the evidence. If the payor fails to meet that burden, the recipient may recover attorney's fees. This provision does not apply to rehabilitative spousal support or spousal support in gross. A payor who suspects a de facto marriage should get a free case evaluation from a West Virginia family lawyer weighing the evidence before petitioning (attorney advertising).
Modification for Changed Circumstances
Under W. Va. Code sec. 48-8-103, a court may revise or alter an existing spousal support order: or issue a new one: upon the motion of either party when the altered circumstances or needs of the parties make it necessary to meet the ends of justice. There is no bright-line rule for what qualifies; courts look at whether the change is material and was not anticipated at the time of the original award.
Spousal Support vs. Child Support in West Virginia
Spousal support and child support are separate legal obligations in West Virginia. Spousal support flows between former spouses; West Virginia child support flows from parents to children and is calculated using the state's income shares formula under W. Va. Code sec. 48-13-301.
Key differences include:
- Child support uses a statutory formula; spousal support does not.
- Child support ends when the child reaches the age of majority or becomes emancipated; spousal support ends on events like death or remarriage.
- Child support is not affected by the recipient's remarriage; spousal support can be.
- Both types of support can be modified upon a substantial change in circumstances.
If you are navigating both issues simultaneously, it is important to understand that child support and spousal support are calculated and ordered separately, even in the same divorce proceeding.
Federal Tax Treatment
For divorces and separation agreements executed after December 31, 2018, spousal support is treated as follows under federal tax law:
- Recipients do not include spousal support in gross income. It is not taxable.
- Payors cannot deduct spousal support payments from their federal taxable income.
This is a significant departure from the rules that applied before 2019. For agreements executed before January 1, 2019, the old rules (taxable to recipient, deductible by payor) still apply unless the agreement was later modified and the modification expressly adopts the new tax treatment. Always consult a tax professional regarding your specific situation.
For More Information
For a full comparison of spousal support laws across the country, see the Alimony laws by state hub.
The information on this page is for general educational purposes only and does not constitute legal advice. Spousal support decisions in West Virginia are highly fact-specific. Consult a licensed West Virginia family law attorney for guidance on your individual circumstances.
Last updated: June 1, 2026.
More West Virginia Laws
- West Virginia Child Custody Laws
- West Virginia Child Support Laws
- West Virginia Common Law Marriage Laws
- West Virginia Divorce Laws
Frequently Asked Questions
Does West Virginia use the word "alimony"?
West Virginia statutes use the term "spousal support" rather than alimony, but the two terms refer to the same concept: court-ordered financial support paid by one former spouse to the other after divorce or legal separation. The governing statutes are found in W. Va. Code Chapter 48, Articles 6 and 8.
Is there a formula for calculating spousal support in West Virginia?
No. West Virginia has no statutory formula or calculator for spousal support. A family court judge reviews the 20 factors listed in W. Va. Code § 48-6-301(b) and reaches a discretionary decision on the amount and duration based on the specific facts of the case. Every award varies by individual circumstances.
Can adultery or fault affect a spousal support award in West Virginia?
Yes. Under W. Va. Code § 48-8-104, courts are required to consider and compare the fault or misconduct of either or both parties and how that misconduct contributed to the breakdown of the marriage. Fault is one of the factors that can influence both whether support is awarded and how much is awarded.
When does spousal support end in West Virginia?
Permanent spousal support ends on the death of either party or the recipient's remarriage, unless the court order provides otherwise. Cohabitation in a de facto marriage can also be grounds to reduce or terminate support under W. Va. Code § 48-5-707. Rehabilitative spousal support and spousal support in gross follow different rules: under W. Va. Code § 48-6-202, rehabilitative support continues past the payor's death by default and ceases on the payee's death, while support in gross continues beyond the death of either party.
Can spousal support be modified after the divorce?
Yes, for most types. Under W. Va. Code § 48-8-103, either party may ask the court to revise a support order when circumstances have materially changed. Rehabilitative support may be extended, reduced, or converted to permanent support under § 48-8-105. Spousal support in gross is generally not modifiable because the total obligation is fixed.
What is the difference between rehabilitative and permanent spousal support?
Rehabilitative spousal support is time-limited and designed to help a dependent spouse gain the skills or education needed to become self-supporting. Permanent spousal support is ongoing and indefinite, typically awarded in longer marriages where self-sufficiency is not a realistic expectation. Both types can be modified if circumstances change substantially.
Is spousal support taxable in West Virginia?
For divorces finalized after December 31, 2018, federal law no longer treats spousal support as taxable income to the recipient, and payors cannot deduct it. West Virginia follows federal adjusted gross income as the starting point for state income tax, so the same general treatment applies at the state level. For pre-2019 agreements that have not been modified, the old rules may still apply: consult a tax professional.
Updates
Corrected what happens to rehabilitative spousal support when the payor dies: West Virginia Code 48-6-202 sets a default that it continues past the payor's death, and clarified that the 20 statutory factors govern the amount and duration of support.
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
West Virginia Code
§ 48-6-301Factors considered in awarding spousal support and separate maintenance.In forcecited in 2 of our articles
(a) In cases where the parties to an action commenced under the provisions of this article have not executed a separation agreement, or have executed an agreement which is incomplete or insufficient to resolve the outstanding issues between the parties, or where the court finds the separation agreement of the parties not to be fair and reasonable or clear and unambiguous, the court shall proceed to resolve the issues outstanding between the parties. (b) The court shall consider the following factors in determining the amount and duration of spousal support and separate maintenance, if any, to be ordered under the provisions of parts V and VI, §48-5-1 et seq.
Official text (excerpt) · last checked 2026-09-07 · Read the full text in our law library · Verify at code.wvlegislature.gov
§ 48-8-101General provisions regarding spousal support.In forcecited in 2 of our articles
(a) An obligation that compels a person to pay spousal support may arise from the terms of a court order, an antenuptial agreement or a separation agreement. In an order or agreement, a provision that has the support of a spouse or former spouse as its sole purpose is to be regarded as an allowance for spousal support whether expressly designated as such or not, unless the provisions of this chapter specifically require the particular type of allowance to be treated as child support or a division of marital property. Spousal support may be paid as a lump sum or as periodic installments without affecting its character as spousal support. (b) Spousal support is divided into four classes which are: (1) Permanent spousal support; (2) temporary spousal support, otherwise known as spousal support pendente lite; (3) rehabilitative spousal support; and (4) spousal support in gross. (c) An award of spousal support cannot be ordered unless the parties are actually living separate and apart from each other.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at code.wvlegislature.gov
§ 48-8-103Payment of spousal support.In forcecited in 2 of our articles
(a) Upon ordering a divorce or granting a decree of separate maintenance, the court may require either party to pay spousal support in the form of periodic installments, or a lump sum, or both, for the maintenance of the other party. Payments of spousal support are to be ordinarily made from a party's income, but when the income is not sufficient to adequately provide for those payments, the court may, upon specific findings set forth in the order, order the party required to make those payments to make them from the corpus of his or her separate estate. An award of spousal support shall not be disproportionate to a party's ability to pay as disclosed by the evidence before the court. (b) At any time after the entry of an order pursuant to the provisions of this article, the court may, upon motion of either party, revise or alter the order concerning the maintenance of the parties, or either of them, and make a new order concerning the same, issuing it forthwith, as the altered circumstances or needs of the parties may render necessary to meet the ends of justice.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at code.wvlegislature.gov
§ 48-8-104Effect of fault or misconduct on award of spousal support.In forcecited in 2 of our articles
In determining whether spousal support is to be awarded, or in determining the amount of spousal support, if any, to be awarded, the court shall consider and compare the fault or misconduct of either or both of the parties and the effect of the fault or misconduct as a contributing factor to the deterioration of the marital relationship.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at code.wvlegislature.gov
§ 48-8-105Rehabilitative spousal support.In forcecited in 2 of our articles
(a) The court may award rehabilitative spousal support for a limited period of time to allow the recipient spouse, through reasonable efforts, to become gainfully employed. When awarding rehabilitative spousal support, the court shall make specific findings of fact to explain the basis for the award, giving due consideration to the factors set forth in §48-6-301 of this code. An award of rehabilitative spousal support is appropriate when the dependent spouse evidences a potential for self-support that could be developed through rehabilitation, training, or academic study. (b) The court may modify an award of rehabilitative spousal support if a substantial change in the circumstances under which rehabilitative spousal support was granted warrants terminating, extending, or modifying the award or replacing it with an award of permanent spousal support.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at code.wvlegislature.gov
§ 48-5-707Reduction or termination of spousal support because of de facto marriage.In forcecited in 2 of our articles
(a)(1) In the discretion of the court, an award of spousal support may be reduced or terminated upon specific written findings by the court that since the granting of a divorce and the award of spousal support a de facto marriage has existed between the spousal support payee and another person. (2) In determining whether an existing award of spousal support should be reduced or terminated because of an alleged de facto marriage between a payee and another person, the court should elicit the nature and extent of the relationship in question.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at code.wvlegislature.gov
§ 48-6-202Agreement for spousal support beyond the death of the payor.In forcecited in 2 of our articles
When a separation agreement is the basis for an award of spousal support, the court, in approving the agreement, shall examine the agreement to ascertain whether it clearly provides for spousal support to continue beyond the death of the payor or the payee or to cease in such event. When spousal support is to be paid pursuant to the terms of a separation agreement which does not state whether the payment of spousal support is to continue beyond the death of the payor or payee or is to cease, or when the parties have not entered into a separation agreement and spousal support is awarded, the court shall have the discretion to determine, as a part of its order, whether such payments of spousal support are to be continued beyond the death of the payor or payee or cease. In the event neither an agreement nor an order makes provision for the death of the payor or payee, spousal support other than rehabilitative spousal support or spousal support in gross shall cease on the death of the payor or payee.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at code.wvlegislature.gov
§ 48-6-203Agreement for spousal support beyond the remarriage of the payee.In forcecited in 2 of our articles
When a separation agreement is the basis for an award of spousal support, the court, in approving the agreement, shall examine the agreement to ascertain whether it clearly provides for spousal support to continue beyond the remarriage of the payee or to cease in such event. When spousal support is to be paid pursuant to the terms of a separation agreement which does not state whether the payment of spousal support is to continue beyond the remarriage of the payee or is to cease, or when the parties have not entered into a separation agreement and spousal support is awarded, the court shall have the discretion to determine, as a part of its order, whether such payments of spousal support are to be continued beyond the remarriage of the payee. In the event neither an agreement nor an order makes provision for the remarriage of the payee, spousal support other than rehabilitative spousal support or spousal support in gross shall cease on the remarriage of the payee. Rehabilitative spousal support does not cease upon the remarriage of the payee during the first four years of a rehabilitative period.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at code.wvlegislature.gov
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Sources and References
- W. Va. Code 48-6-301 -- Spousal support factors(code.wvlegislature.gov)
- W. Va. Code 48-8-101 -- General provisions regarding spousal support(code.wvlegislature.gov)
- W. Va. Code 48-8-104 -- Effect of fault or misconduct on award(code.wvlegislature.gov)
- W. Va. Code 48-8-105 -- Rehabilitative spousal support(code.wvlegislature.gov)
- W. Va. Code 48-8-103 -- Payment and modification of spousal support(code.wvlegislature.gov)
- W. Va. Code 48-5-707 -- Reduction or termination for de facto marriage(code.wvlegislature.gov)
- IRS Tax Topic 452 -- Alimony and separate maintenance(irs.gov)
- W. Va. Code 48-6-202 -- Agreement for spousal support beyond the death of the payor(code.wvlegislature.gov)
- W. Va. Code 48-6-203 -- Agreement for spousal support beyond the remarriage of the payee(code.wvlegislature.gov)
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