West Virginia Alimony Calculator 2026
West Virginia has no alimony formula: a judge decides the amount and the length. This page explains what the law says and shows a clearly labelled illustration from both incomes and the length of the marriage. Everything runs privately in your browser, with no sign-up.
Not legal advice — a court decides. West Virginia has no alimony formula. A judge decides whether to award spousal support, how much and for how long; the figure below is an illustration, not a prediction.
West Virginia Alimony Formula & Factors
West Virginia has no alimony formula. W. Va. Code § 48-6-301 lists twenty factors for the amount and length of spousal support, including the length of the marriage and the time the spouses actually lived together, each spouse's income and income-earning abilities, the division of marital property, ages and health, education, the standard of living, whether either spouse gave up opportunities during the marriage, the costs of education and health care, tax consequences, and each spouse's financial need.
What the Illustrative Estimate Is
Because West Virginia law gives no figure to calculate, the dollar amount on this page is an illustration only. It uses the reference method recommended by a commission of the American Academy of Matrimonial Lawyers (AAML) and adopted by its Board of Governors in March 2007: 30% of the payor's gross income minus 20% of the recipient's gross income, limited so that the recipient ends up with no more than 40% of the couple's combined gross income. The method is set out in Mary Kay Kisthardt's article in the Journal of the American Academy of Matrimonial Lawyers (vol. 21, 2008) and summarised by Maryland's highest court in Boemio v. Boemio (2010).
The AAML method is not West Virginia law and West Virginia courts are not bound by it. It lists its own reasons to depart from the result, such as a spouse caring for a young or disabled child, age or health, or a career given up for the other spouse. It was written when alimony was still tax-deductible for the payer, and it does not apply when combined gross income is above $1,000,000 a year. Treat the figure as a starting point for a conversation with a lawyer, not as a prediction.
West Virginia Alimony Rules at a Glance
| Point | West Virginia rule | Source |
|---|---|---|
| Amount | No formula; decided by the court | W. Va. Code § 48-6-301 |
| Length | No schedule; decided by the court | W. Va. Code § 48-6-301 |
| Figure shown on this page | An illustration using the AAML reference method (30% of payor gross income − 20% of recipient gross income, limited to 40% of combined income) — not West Virginia law | AAML Commission recommendations (2007) |
| Who decides | A judge, on the evidence in the case | W. Va. Code § 48-6-301 |
| Federal income tax | Not deductible by the payer and not income to the recipient for agreements executed after 2018 | IRS Topic No. 452 |
Worked Example: West Virginia Alimony Calculator
Take gross incomes of $8,000 and $3,000 a month. Under the AAML reference method, 30% of $8,000 is $2,400 and 20% of $3,000 is $600, a difference of $1,800. The limit is 40% of the combined $11,000, which is $4,400, less the recipient's own $3,000: $1,400. The illustrative amount is the lower figure, $1,400 a month ($16,800 a year). This is an illustration, not an amount set by West Virginia law.
For a 12-year marriage the same reference method multiplies the length by 0.75, giving about 9 years. That too is an illustration; West Virginia law sets no schedule.
These are the figures the calculator shows when the page first loads. A real order depends on evidence a calculator cannot see.
West Virginia Alimony Duration Rules
West Virginia law sets no schedule for how long spousal support lasts; the court fixes the period case by case.
The duration this page shows is an illustration only. It uses the same AAML reference method: the length of the marriage multiplied by 0.3 for marriages of up to 3 years, 0.5 for more than 3 and up to 10 years, and 0.75 for more than 10 and up to 20 years, with open-ended support suggested after more than 20 years.
Is Alimony Taxable in West Virginia?
For federal income tax, alimony or separate maintenance paid under a divorce or separation agreement executed after 2018 is not deductible by the payer and is not included in the recipient's income. Payments under an agreement executed before 2019 are generally still deductible by the payer and taxable to the recipient, unless the agreement was later modified and the modification expressly adopts the new rule (IRS Topic No. 452). Child support is never deductible and is not income.
This page does not cover West Virginia state income tax. State rules are set separately and can differ from the federal rule, so check with the state tax agency or a tax adviser.
Modifying West Virginia Alimony
Whether an order can be changed depends on its wording and on the type of support. In most cases either spouse can ask the court to modify periodic payments after a substantial change in circumstances, unless the decree or the spouses' agreement makes the support non-modifiable.
Read the order itself and W. Va. Code § 48-6-301 before relying on a general rule, and get advice from a family lawyer licensed in West Virginia about your own case. Nothing on this page is legal advice.
Last updated: October 2026. Sources: W. Va. Code § 48-6-301 (West Virginia Legislature); AAML Commission recommendations (Kisthardt, 21 J. Am. Acad. Matrim. Law. 61); IRS Topic No. 452.
Frequently Asked Questions
How is alimony calculated in West Virginia?
West Virginia has no alimony formula. W. Va. Code § 48-6-301(b) lists twenty factors, including the length of the marriage, income and earning ability, the property division, age, health, the standard of living and financial need. The amount on this page is an illustration using the AAML reference method, not West Virginia law.
Does West Virginia use a formula for alimony?
No. W. Va. Code § 48-6-301 sets no percentage, cap or schedule for spousal support, so the judge decides the amount and the length case by case. Any calculator can only illustrate; this one uses the method published by the American Academy of Matrimonial Lawyers, which West Virginia courts are not bound by.
How long does West Virginia alimony last?
West Virginia law sets no fixed schedule; the court sets the period case by case. The duration this page shows is an illustration using the AAML reference method (a fraction of the length of the marriage), not West Virginia law.
Can West Virginia alimony be modified?
It depends on the order. In most cases either spouse can ask the court to modify periodic payments after a substantial change in circumstances, unless the decree or the spouses' agreement makes the support non-modifiable. Check the wording of your order and W. Va. Code § 48-6-301 before relying on a general rule.
Is alimony taxable in West Virginia?
For federal income tax, alimony paid under a divorce or separation agreement executed after 2018 is not deductible by the payer and is not income to the recipient (IRS Topic No. 452). Agreements executed before 2019 generally keep the old treatment, deductible by the payer and taxable to the recipient, unless a later modification expressly adopts the new rule. This page does not cover West Virginia state income tax, which is set separately.