Divorce in West Virginia

Spousal Support (Alimony) in West Virginia

Written by Hello Divorce Team | Sep 14, 2025 5:31:08 PM

Most West Virginia couples negotiate alimony in mediation and submit agreed terms for approval. If litigated, the court sets amount, duration, and structure under equitable factors.

Is there a formula in West Virginia?

There is no official alimony calculator in West Virginia. Judges consider need and ability to pay, marital standard of living, length of marriage, ages/health, earning capacity, and the time reasonably needed to become self-supporting.

A quick way to estimate temporary support

Temporary estimate = 40% of the higher earner’s net monthly income minus 50% of the lower earner’s net monthly income.
This is a negotiation tool, not law. Example: If net incomes are $6,900 and $2,800, 40% of $6,900 ($2,760) minus 50% of $2,800 ($1,400) suggests $1,360 per month. Adjust for insurance shifts, childcare, major debt, or seasonal income.

Types of spousal support

Temporary (pendente lite) support during the case. Rehabilitative/transitional support to regain earning power. Durational or longer-term by agreement for longer marriages. Lump-sum/buyout can replace monthly checks using cash or property offsets.

What support covers and what it doesn’t

Alimony is transition help as two households stabilize. It is not punishment and does not duplicate child support, which addresses children’s needs.

Ways to structure payments

Consider monthly step-downs, a lump-sum buyout, retirement/property offsets, or direct expense payments (COBRA, tuition, rent). Many couples secure obligations with term life insurance for the support term.

How Hello Divorce can help

Hello Divorce can prepare all your West Virginia divorce forms for you with our divorce plans—and we can help you calculate or negotiate support with our mediators and financial pros.

FAQs

Is there an alimony formula in West Virginia?
No. West Virginia has no mandated calculator; courts weigh equitable factors.

How long does alimony last in West Virginia?
It depends on your agreement or order. Rehabilitative and durational terms are common; longer-term support is tailored to the facts.

Can alimony be modified later?
Often yes—if your order allows it and there is a material change in circumstances; parties can agree to non-modifiable terms.