West Virginia Alimony Laws 2026

In West Virginia, alimony (also called spousal support or spousal maintenance) is financial support paid by one spouse to the other following a divorce or separation. West Virginia courts consider multiple factors including fault.

West Virginia courts generally consider the following factors when determining alimony:

• The length of the marriage
• Each spouse's income and earning capacity
• The standard of living established during the marriage
• Each spouse's age, health, and employability
• Contributions to the marriage (including homemaking)
• Child custody arrangements and their impact on earning capacity
• Marital misconduct or fault (in some cases)

Types of Alimony in West Virginia

Duration of Alimony

In West Virginia, the duration of alimony awards is: Discretionary.

Modifying or Terminating Alimony

In most cases, alimony in West Virginia can be modified or terminated upon a showing of a substantial change in circumstances, such as:

• Significant increase or decrease in either party's income
• Recipient spouse's remarriage
• Recipient spouse's cohabitation with a new partner (in many states)
• Either party's retirement
• Death of either party