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West Virginia Divorce Information Property Ownership For Divorce Purposes Equitable distribution state, which means the court has the authority to divide marital property in any manner which is "equitable" or "just," though a 50/50 is presumed to be equitable. Marital fault is not a consideration when dividing property in West Virginia. What Property is Divided? Separate property state. Only marital property is divided in a divorce. Separate property is generally 1) Property acquired before the marriage, 2) Property acquired by gift, 3) Property acquired by inheritance, 4) Passive appreciation of separate property. Alimony At the court's discretion. Marital fault can be considered. Terminates upon the death of either party, and upon the receiving party's remarriage. Child Support Income shares method, which means the income of both parents is considered. Emancipation is age 18, and if still in high school, can be extended, but not past age 20. Courts generally will not order payment of college education costs. Child Support Calculator. Child Support Enforcement The West Virginia child support enforcement agency can be found at: Divorce Related Statutes For West Virginia http://www.legis.state.wv.us/WVCODE/code.cfm?chap=48&art=1 Other Resources The Divorce Financial Survival Series |