Income Information

Payor's Gross Monthly Income :

Valid number required

Recipient's Gross Monthly Income:

Valid number required

Income Disparity Ratio:

Monthly Child Support Obligation:

Marriage Details

Marriage Duration (years):

0-100 years

Marriage less than 5 years?

Marriage 20+ years?

Is recipient custodial parent?

West Virginia-Specific Factors

County:

Support Type:

Domestic violence involved?

West Virginia Domestic Violence Impact (§48-6-301(b)(8))

10-20% increase in alimony amounts
May qualify for longer duration

Fault-based divorce?

West Virginia Fault Considerations (§48-8-104)

Fault is mandatory consideration
Adultery may reduce alimony for at-fault spouse
Economic misconduct affects awards

Needs and Resources

Recipient's Housing Costs ($/mo):

Health Insurance Costs ($/mo):

Other Essential Expenses ($/mo):

Payor's Essential Expenses ($/mo):

Payor's Current Age:

Recipient's Current Age:

Earning Capacity

Recipient's Education Level:

Years Recipient Was Out of Workforce:

Recipient Sacrificed Career for Marriage?

Recipient has disability?

Duration Factors

Maintain marital standard of living?

Significant separate property?

Age Difference (years):

Important Legal Note: West Virginia Code §48-6-301 provides 20 statutory factors with no fixed formula. This calculator estimates a typical range of 20%-35% of the income gap based on case law patterns. Not legal advice.

West Virginia Spousal Alimony Calculation Results

Alimony Type Determination

Recommended Alimony Type:

Monthly Alimony Amount

Guideline Range:

Duration of Alimony

Recommended Duration:

Disclaimer: This calculator provides estimates only based on West Virginia statutes and case law. West Virginia does not have a statutory formula; all estimates reflect judicial trends. Consult a licensed West Virginia family law attorney.

West Virginia Alimony Case Law Examples

Molnar v. Molnar (1984)

173 W.Va. 200, 314 S.E.2d 73

Established primary factors: financial needs, marital standard of living, marriage duration, age/health, earning capacity, and contributions.

Roig v. Roig (1987)

178 W.Va. 781, 364 S.E.2d 794

Fault must be considered among statutory factors but is not primary.

Mayhew v. Mayhew (1995)

197 W.Va. 290, 475 S.E.2d 382

Rehabilitative alimony appropriate for spouse out of workforce 15 years raising children.

Smith v. Smith (2018)

241 W.Va. 352, 825 S.E.2d 768

Courts must consider all 20 factors under §48-6-301; mechanical formulas prohibited.

Modifying Alimony in West Virginia

Under West Virginia Code §48-6-304, alimony can be modified upon a showing of substantial and continuing change in circumstances. Here's the process:

Grounds for Modification

Substantial and continuing change in circumstances (income, health, needs)

Remarriage of the recipient spouse (automatic termination)

Payor's retirement at a reasonable age (typically 65+)

Recipient's improved earning capacity or cohabitation with financial interdependence

Disability or health issues affecting either party's earning capacity

Modification Process

File a Petition: Submit a Petition for Modification to the court that issued the original order.

Serve Notice: Legally notify the other party using certified mail or a process server.

Gather Evidence: Collect documentation supporting the change (tax returns, pay stubs, medical records).

Mediation: Many West Virginia courts require mediation before a hearing.

Court Hearing: If unresolved, present evidence to the court for a decision.

Important Considerations

Modifications are not retroactive - they only apply from the filing date forward.

Never stop paying alimony without court approval - you risk contempt charges.

West Virginia requires a "substantial and continuing" change in circumstances.

Retirement modifications typically require the payer to be at least 65 years old.

Note: The modification process typically takes 3-6 months for uncontested cases and 9-18 months for contested cases, depending on court backlogs.

West Virginia Spousal Support Calculator