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West Virginia Alimony Calculator (2026)

West Virginia Code § 48‑6‑301 requires courts to weigh 20 statutory factors when determining spousal support, and the state has no statutory alimony formula. This estimate uses the American Academy of Matrimonial Lawyers rule‑of‑thumb and is for guidance only—not legal authority.

Reviewed 2026-09-02 · Estimates only — not legal or financial advice.

West Virginia has no statutory alimony formula. Courts decide case by case under W. Va. Code § 48-6-301. The calculator below shows a widely used rule of thumb (the AAML guideline) as a negotiation starting point — it is not the law and a judge may land anywhere the factors justify.
Before taxes.
Before taxes.
The law behind this calculator: West Virginia spousal support factors — W. Va. Code § 48-6-301.

How West Virginia calculates it

  • Calculate 30% of the higher‑earning spouse’s annual gross income.
  • Calculate 20% of the lower‑earning spouse’s annual gross income.
  • Subtract the lower‑earner amount from the higher‑earner amount to get a preliminary support figure.
  • Apply the cap so the recipient’s total income does not exceed 40% of the combined income, reducing the figure if necessary.
  • Determine duration by applying the marriage‑length percentage: 30% for marriages under 3 years, 50% for 3–10 years, 75% for 10–20 years, and indefinite for over 20 years.

Worked example

In the sample case, the higher‑earning spouse makes $100,000 per year and the lower‑earning spouse makes $40,000 per year after a 12‑year marriage. Applying the rule‑of‑thumb, 30% of $100,000 equals $30,000 and 20% of $40,000 equals $8,000, giving a $22,000 annual difference. The 40% combined‑income cap reduces this to $16,000 per year, or roughly $1,333 per month, as a starting point. For a 12‑year marriage, the duration guide uses the 75% bracket, yielding 75% of 144 months (12 × 12) ≈ 108 months of support. The court is not bound by any of these figures.

Frequently asked questions

Do I qualify for alimony in West Virginia?

A West Virginia court may award spousal support after weighing the 20 statutory factors and finding that the lower‑earning spouse needs assistance and the higher‑earning spouse can pay.

Is alimony taxable in West Virginia?

West Virginia follows federal tax law: for divorces finalized after 2018, alimony payments are not deductible by the payer and are not taxable to the recipient.

How long does it take to get a temporary support order after filing?

A temporary spousal‑support order can be issued at the first hearing, often within a few weeks of filing, though exact timing varies by county.

Can I receive partial support if I earn some income?

Yes. The rule‑of‑thumb caps the recipient’s total income at 40% of the couple’s combined earnings, so a partially employed spouse may still qualify for a reduced payment.

What recent changes affect alimony duration in West Virginia?

West Virginia law still relies on the same statutory factors, but many courts now reference the AAML guideline that ties duration to a percentage of the marriage length (30%‑75% depending on years).

Is the calculation different in Charleston, Huntington or Morgantown?

No. W. Va. Code § 48-6-301 applies statewide, so courts in Charleston, Huntington, Morgantown and every other county start from the same guideline. Local practice can differ in how judges weigh deviation factors and in typical negotiated outcomes, but the formula on this page is the one used across West Virginia.

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