West Virginia alimony calculator

West Virginia spousal-support types

West Virginia recognizes four classes of spousal support.

West Virginia Code §48-8-101 identifies permanent spousal support, temporary spousal support, rehabilitative spousal support, and spousal support in gross. [1] A court's choice among these classes is a legal determination that this worksheet does not make.

West Virginia amount and duration

Section 48-6-301 requires courts to consider statutory factors for both amount and duration.

The factors include marriage length, time the parties lived together during the marriage, present income, earning ability, property distribution, age and health, education, foregone opportunities, marital standard of living, retraining prospects and costs, contributions to the other spouse's earning capacity, child and health-care costs, tax consequences, custodial responsibilities, financial need, legal support obligations, disability-related care costs, and other factors needed for a fair and equitable result. [2]

The statute supplies factors, not a statewide percentage formula or marriage-length duration schedule.

West Virginia ability to pay and modification

A spousal-support award may not be disproportionate to the payor's ability to pay.

Section 48-8-103 states that an award of spousal support may not be disproportionate to the party's ability to pay as disclosed by the evidence. It also permits later revision when altered circumstances or needs make a new order necessary to meet the ends of justice. [3]