In the event of a divorce, if either spouse does not have a separate estate, or if a spouse's assets are not sufficient to offer a means of support, a judge might order alimony, which is also known as spousal support. Alimony is usually a monthly financial allowance paid by one spouse to another. In West Virginia, the court may order alimony to either party if the party seeking support has grounds for divorce, or if the party from whom the support is being sought failed to provide support for or abandoned the other spouse. Divorcesource.com offers a summary of divorce and alimony laws in West Virginia.

To be eligible for alimony, spouses in all states, including West Virginia, must have been legally married. Alimony is usually based on a settlement agreement made between the spouses or the discretion of a judge. In West Virginia, the court will consider and compare the fault or misconduct of either or both spouses, and the effect of the fault or misconduct as a contributing factor to the deterioration of the marital relationship when it considers awards for spousal support.

The type and amount of alimony awarded depends on a variety of factors.  West Virginia law recommends that courts consider the following factors when awarding alimony:

• The length of the marriage
• The period of time during the marriage that the spouses actually lived together as husband and wife
• The present employment income and other recurring earnings of each spouse
• The income-earning abilities of each spouse
• The distribution of marital property insofar as the distribution affects or will affect the earnings of the spouses and their ability to pay or their need to receive spousal support or separate maintenance
• The ages and physical, mental, and emotional condition of each spouse
• The educational qualifications of each spouse
• Whether either spouse has foregone or postponed economic, education, or employment opportunities during the course of the marriage
• The standard of living established during the marriage
• The likelihood that the party seeking spousal support or separate maintenance can substantially increase his or her income-earning abilities within a reasonable time by acquiring additional education or training
• Any financial or other contribution made by either spouse to the education, training, vocational skills, career, or earning capacity of the other party
• The anticipated expense of obtaining education and training needed to substantially increase income-earning abilities
• Costs of educating minor children
• Costs of providing health care for each of the spouses and their minor children
• Tax consequences to each spouse
• Extent to which it would be inappropriate for a party to seek employment outside the home because that spouse will be the custodian of a minor child or children
• Financial need of each spouse
• Legal obligations of each spouse to support him/herself and to support any other person
• Costs and care associated with a minor or adult dependent's physical or mental disabilities
• Any other relevant factors

In the United States, alimony is treated differently tax wise from child support payments. In West Virginia, alimony is deductible for the person who pays it and taxable income for the person who receives it under the rules of the Internal Revenue Service, while child support is not. For a comprehensive explanation of divorce law in West Virginia, go to lawyers.com.