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West Virginia Property Distribution Laws

In a West Virginia divorce, the Court will divide all marital property equally and without regard to any marital fault. An unequal division may be permitted based upon consideration of the following:

• the contribution of each spouse to the acquisition of the marital property, including the contribution of each spouse as homemaker and in child-care;

• the value of each spouse's separate property;

• the amount and sources of income of the spouses;

• the conduct of the spouses during the marriage only as it relates to the disposition of their property;

• the value of the labor performed in a family business or in the actual maintenance or improvement of tangible marital property;

• the contribution of one spouse toward the education or training of the other which has increased the income-earning ability of the other spouse;

• the foregoing by either spouse of employment or other income-earning activity through an understanding of the spouses or at the insistence of the other spouse; and

• any other factor necessary to do equity and justice between the spouses.

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