West Virginia Divorce Property Division

What the Law Says

West Virginia courts divide marital property under an equitable distribution standard — the judge decides what's fair, which may or may not be 50/50. In West Virginia, an equal division is the statutory starting point, adjustable under the factors below.

West Virginia's statute commands equality: §48-7-101 directs the court to “divide the marital property of the parties equally,” and §48-7-103 presumes that all marital property is to be divided equally, alterable — “without regard to any attribution of fault” — only after considering the statute's contribution-centered factors: monetary contributions to the marital property (employment income and separate-property funds); nonmonetary contributions such as homemaking, child care, and labor in the home or family business; conduct that lessened, limited, or increased the value of the marital property; and contributions toward the education or earning capacity of the other spouse. West Virginia's deviation universe is deliberately narrower than most states' multi-factor lists.

Division Factors (W. Va. Code §§48-7-101, 48-7-103)

What West Virginia courts weigh:

1. Monetary contributions of each party to the marital property, including employment income, other earnings, and funds from separate property (W. Va. Code §48-7-103)
2. Nonmonetary contributions of each party, including homemaker services, child care, labor performed in the home, and labor contributing to the operation of a family business
3. Conduct of either party that lessened, limited, or increased the value of the marital property
4. Contributions by either party toward the education, training, or increased earning capacity of the other party

Common Questions