Start with W. Va. Code § 48-8-101 et seq.. In West Virginia, West Virginia calls it spousal support. Discretionary under statutory factors including length of marriage, earning abilities, and fault. No percentage formula. Forms include Permanent, temporary, and rehabilitative spousal support as recognized in West Virginia practice.. That is the question this guide answers for spousal support. Duration: Rehabilitative awards are time-limited; permanent support may continue subject to terminating events. Termination: Death, remarriage, or cohabitation; expiration of a rehabilitative term.
What spousal support is (and is not)
Spousal support is court-ordered support from one spouse to the other after separation or divorce. It is separate from child support (see W. Va. Code § 48-13-101 et seq.) and from property division. A single judgment may include all three, but each has its own legal tests.
No spouse is automatically entitled to spousal support. Courts typically ask whether one party has a genuine need and whether the other has the ability to pay, then apply West Virginia's statutory framework.
Eligibility and statutory factors
Discretionary under statutory factors including length of marriage, earning abilities, and fault. No percentage formula.
Fault. Fault may be considered and can bar or reduce support depending on the record.
Document income, earning capacity, health, length of marriage, contributions as homemaker or to the other spouse's career, and the marital standard of living. Those facts drive both temporary (pendente lite) and final awards.
How the West Virginia rule applies
Apply the West Virginia authorities in order. The facts are simplified so the statute and the standard are visible.
One spouse asks a West Virginia court for spousal support after a divorce filing.
- Use the label and statute West Virginia actually uses: spousal support under W. Va. Code § 48-8-101 et seq..
- There is no formula. Apply the statutory factors: Discretionary under statutory factors including length of marriage, earning abilities, and fault. No percentage formula.
- Set duration from West Virginia rules: Rehabilitative awards are time-limited; permanent support may continue subject to terminating events.
- Identify what ends the award: Death, remarriage, or cohabitation; expiration of a rehabilitative term.
Yes, in appropriate long-marriage cases. Fault: Fault may be considered and can bar or reduce support depending on the record. Federal TCJA rules apply post-2018; West Virginia generally conforms for state tax.
Types of spousal support in West Virginia
Permanent, temporary, and rehabilitative spousal support as recognized in West Virginia practice.
Labeling matters. Rehabilitative awards usually require a plan (schooling, retraining, re-entry to the workforce). Durational or term awards run for a fixed period. Lump-sum or reimbursement awards may be non-modifiable depending on the judgment language and statute.
How amount is set
West Virginia does not use a statewide calculator for final spousal support. Judges weigh the statutory factors and the record. Online “alimony calculators” are at best rough illustrations and are not controlling.
Temporary support while a divorce is pending often follows different local practices or guidelines than the final award. Confirm what your county or division actually uses.
How long spousal support lasts
Rehabilitative awards are time-limited; permanent support may continue subject to terminating events.
Permanent / indefinite support. Yes, in appropriate long-marriage cases.
When spousal support ends or can be changed
Death, remarriage, or cohabitation; expiration of a rehabilitative term.
Either party may usually seek modification upon a substantial change in circumstances unless the award was expressly made non-modifiable. Retirement, disability, remarriage, cohabitation, and large income swings are frequent triggers — but the statutory test and burden of proof are West Virginia-specific.
Taxes
Federal TCJA rules apply post-2018; West Virginia generally conforms for state tax.
Child support remains non-deductible and non-taxable. Do not assume spousal support treatment mirrors child support.
Case law: how West Virginia courts decide spousal support
These LawDiver opinions illustrate how West Virginia appellate courts discuss need, ability to pay, duration, and related issues:
Betty L. LUFF v. Edward T. LUFF
Betty L. LUFF v. Edward T. LUFF, 174 W. Va. 734 (1985)
…f Monongalia County which denied her petition to modify the alimony provisions in a prior divorce decree. She contends that changes in her personal circumstances merited an increase in the duration and the amount of rehabilitative alimony. The appellant and her former husband, Edward T. Luff, were divorced after 36 years of marriage, by a decree entered December 1, 1980. The co…
Practitioners open Betty L. LUFF v. Edward T. LUFF when West Virginia spousal support turns on the distinction in this sentence: "Monongalia County which denied her petition to modify the alimony provisions in a prior divorce decree. She contends that changes in her personal circumstances merited an increase in the duration and the amount of rehabilitative alimony." Do not lift it out of the facts the court was deciding.
In Re the Marriage of Margaret P. ZICKEFOOSE, Respondent Below, Petitioner v. Joseph L. ZICKEFOOSE, Petitioner
…that “the Court finds that the award of $1,000.00 per month alimony need not be paid out of the [husband’s] veterans benefits.” In July 2010, the family court conducted a hearing on the husband’s motion to reconsider the June 3, 2010, order. Agreeing that the husband’s military disability benefits are not subject to direct attachment or allocation for spousal support, the parti…
West Virginia opinions such as In Re the Marriage of Margaret P. ZICKEFOOSE, Respondent Below, Petitioner v. Joseph L. ZICKEFOOSE, Petitioner are cited where spousal support is disputed. The court stated: "Court finds that the award of $1,000.00 per month alimony need not be paid out of the [husband’s] veterans benefits.” In July 2010, the family court conducted a hearing on the husband’s motion to reconsider the June 3, 2010, order." That is the language to brief; the rest of the decision supplies the procedural posture.
In Re the Marriage of William G. WILSON, Petitioner Below, Appellant, v. Tina L. WILSON, Respondent Below, Appellee
…y law master’s recommended order on the issues of permanent alimony, child support calculation, and attorney’s fees and costs. We affirm the circuit court’s rulings and also order the appellant to pay the appellee’s reasonable costs and attorney’s fees incurred from defending this appeal. I. The parties William G. Wilson and Tina L. Wilson were married in 1983 and have one chil…
On spousal support, In Re the Marriage of William G. WILSON, Petitioner Below, Appellant, v. Tina L. WILSON, Respondent Below, Appellee speaks to the West Virginia dispute in this passage: "We affirm the circuit court’s rulings and also order the appellant to pay the appellee’s reasonable costs and attorney’s fees incurred from defending this appeal. I. The parties William G. Wilson and Tina L." The surrounding opinion shows how the court applied that language to the record.
In re the Marriage of Victoria Dawn JOSIMOVICH, Below v. Peter Wright JOSIMOVICH, Below — Maynard, J., dissenting
…lifestyle, I would not be averse to awarding rehabilitative alimony. However, I believe permanent alimony should not be awarded when Ms. Howes is a young, healthy, educated woman with job opportunities imminently available. The factors enumerated in W.Va.Code § 48-2-16 (1999) dictate against awarding permanent alimony under the circumstances of this case. As justification for r…
In re the Marriage of Victoria Dawn JOSIMOVICH, Below v. Peter Wright JOSIMOVICH, Below — Maynard, J., dissenting is worth reading on West Virginia spousal support because the court put the point in its own words: "I would not be averse to awarding rehabilitative alimony. However, I believe permanent alimony should not be awarded when Ms. Howes is a young, healthy, educated woman with job opportunities imminently available. The factors enumerated in W.Va." Use that passage as the starting point, then read the facts that precede it.
In re The Marriage of Larry D. SANTEE Below v. Barbara S. SANTEE, Below
In re The Marriage of Larry D. SANTEE Below v. Barbara S. SANTEE, Below, 211 W. Va. 367 (2002)
…mily law master’s recommendation that the appellant receive alimony for the period of three years and ruled that the appellant was entitled to no alimony. On appeal, the appellant claims that the circuit court’s decision was erroneous and that, in fact, she should have been awarded more alimony than that recommended by the family law master.. I. FACTS The appellant, Barbara S.…
On spousal support, In re The Marriage of Larry D. SANTEE Below v. Barbara S. SANTEE, Below speaks to the West Virginia dispute in this passage: "On appeal, the appellant claims that the circuit court’s decision was erroneous and that, in fact, she should have been awarded more alimony than that recommended by the family law master.. I. FACTS The appellant, Barbara S." The surrounding opinion shows how the court applied that language to the record.
In Re: The Marriage of: Joel K. v. Tina K.
In Re: The Marriage of: Joel K. v. Tina K. (2017)
…Respondent Tina K. to compel petitioner to pay an award of spousal support of $12,000, plus 7% interest per annum. Respondent, by counsel Gregory H. Schillace, filed a response in support of the circuit court’s order. Petitioner filed a reply. The Court has considered the parties’ briefs and the record on appeal. The facts and legal arguments are adequately presented, and the…
Practitioners open In Re: The Marriage of: Joel K. v. Tina K. when West Virginia spousal support turns on the distinction in this sentence: "Respondent Tina K. to compel petitioner to pay an award of spousal support of $12,000, plus 7% interest per annum. Respondent, by counsel Gregory H. Schillace, filed a response in support of the circuit court’s order. Petitioner filed a reply." Do not lift it out of the facts the court was deciding.
Practical checklist
- Identify the correct statutory label (spousal support) and controlling section (W. Va. Code § 48-8-101 et seq.).
- Assemble income, budget, and health evidence for both spouses.
- For rehabilitative requests, prepare a concrete plan and timeline.
- Address fault only if West Virginia law makes it relevant to eligibility or amount.
- Search LawDiver for recent West Virginia decisions before mediation.
- Cross-check child support interactions via the West Virginia child support guide.
Key takeaways
- West Virginia uses the term spousal support under W. Va. Code § 48-8-101 et seq..
- Amount and duration are largely discretionary, guided by statutory factors. Discretionary under statutory factors including length of marriage, earning abilities, and fault. No percentage formula.
- Common forms include: Permanent, temporary, and rehabilitative spousal support as recognized in West Virginia practice.
- Duration framework: Rehabilitative awards are time-limited; permanent support may continue subject to terminating events.
- Permanent / indefinite support: Yes, in appropriate long-marriage cases.
- Companion child-support guide: West Virginia child support guidelines.
Frequently asked questions
Does West Virginia still award permanent spousal support?
Yes, in appropriate long-marriage cases.
How is spousal support calculated in West Virginia?
West Virginia leaves amount largely to judicial discretion under W. Va. Code § 48-8-101 et seq., guided by statutory factors rather than a mandatory statewide calculator.
How long do I have to be married to receive spousal support?
Rehabilitative awards are time-limited; permanent support may continue subject to terminating events. Short marriages rarely produce long-term awards; longer marriages support broader remedies where the statute allows.
Does remarriage or cohabitation end spousal support?
Death, remarriage, or cohabitation; expiration of a rehabilitative term.
Is spousal support taxable?
Federal TCJA rules apply post-2018; West Virginia generally conforms for state tax.
Where can I read West Virginia spousal support opinions?
Open the cases linked above or search LawDiver scoped to West Virginia. For support of children, see the West Virginia child support guidelines guide.
Disclaimer
This article provides general information about West Virginia spousal support and is not legal advice. Confirm the current text of W. Va. Code § 48-8-101 et seq. and consult a licensed West Virginia family-law attorney before acting on any rule described here.