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Alimony, which is also referred to as spousal support, is the payment of financial support by one spouse to the other and can be awarded in a divorce, annulment, or separate maintenance action. However, alimony is not granted in all divorces in Virginia.

In order for spousal support to be awarded, partners must be living apart, ing to West Virginia Code section 48-8-101(c). Further, a court can also award spousal support if the couple entered into a prenuptial agreement.

In deciding whether to award alimony, the court does not consider the genders of the spouses, but does weigh 20 statutory factors, which include: The length of the marriage. The age and health of the parties. Each party's education level and ability to earn income.

ARTICLE 5. DIVORCE. (a)(1) In the discretion of the court, an award of spousal support may be reduced or terminated upon specific written findings by the court that since the granting of a divorce and the award of spousal support a de facto marriage has existed between the spousal support payee and another person.

There are four kinds of alimony, known as spousal support in West Virginia: Permanent spousal support can last until either you or your spouse dies. Temporary spousal support (known as ?pendente lite?) is for a limited time and ends under specific circumstances.

§48-8-101. (b) Spousal support is divided into four classes which are: (1) Permanent spousal support; (2) temporary spousal support, otherwise known as spousal support pendente lite; (3) rehabilitative spousal support; and (4) spousal support in gross.