West Virginia Alimony Calculator and Guidelines

Factors the court weighs

• Length of the marriage
• Period the parties lived together as spouses
• Present employment income and recurring earnings
• Income-earning abilities based on education, skills, experience, absence from the job market, and custodial responsibilities
• Distribution of marital property and resulting ability to pay or need
• Ages and physical, mental, and emotional condition
• Educational qualifications and time and expense needed for training
• Whether either party postponed economic, educational, or employment opportunities
• Standard of living established during the marriage
• Likelihood the recipient can substantially increase earning ability
• Contributions to education, training, vocational skills, career, or earning capacity
• Anticipated education and training costs for a child or adult child
• Costs of educating minor children
• Costs of providing health care for each party and minor children
• Tax consequences
• Extent income was reduced by payment of marital debts
• Legal obligations to support another person
• Costs and care associated with a child’s disabilities
• Other necessary and appropriate factors
• Fault or misconduct contributing to deterioration of the marriage

W. Va. Code §§ 48-6-301(b) and 48-8-104

Duration limits

• Permanent: Periodic support without a preset rehabilitation term, subject to the order and modification law.
• Temporary: Pendente lite support during the case.
• Rehabilitative: Limited support allowing reasonable efforts toward gainful employment.
• In gross: A fixed lump-sum class of spousal support.

Assumptions

• This tool does not estimate a dollar amount for discretionary states: any number would be invented.
• West Virginia publishes factors and four support classes, but no statewide dollar formula. Any award must remain proportionate to ability to pay.