CHAPTER 48. DOMESTIC RELATIONS.
WVC 48 - 4 -
ARTICLE 4. SEPARATE MAINTENANCE.
WVC 48 - 4 - 101
§48-4-101. Where an action for separate maintenance may be
An action for separate maintenance may be brought in the
family court of any county where an action for divorce between the
parties could be brought. An action for separate maintenance may
be brought whether or not a divorce is prayed for.
WVC 48 - 4 - 102
§48-4-102. Grounds for separate maintenance.
Separate maintenance may be ordered:
(1) If the party seeking separate maintenance has grounds for
(2) If the party from whom separate maintenance is sought,
without good and sufficient cause:
(A) Has failed to provide suitable support for the other
(B) Has abandoned or deserted the other spouse.
WVC 48 - 4 - 103
§48-4-103. Award of relief in action for separate maintenance.
(a) In an action for separate maintenance, the court may order
all or any portion of the temporary or final relief that the court
may order in an action for divorce, other than a divorce.
(b) During the pendency of the action, the court has the same
powers to make temporary orders as the court would have in actions
for divorce, insofar as those powers are applicable, on behalf of
(c) Any order entered in the case is effective during the time
the court by its order directs, until further order of the court.
WVC 48 - 4 - 104
§48-4-104. Modification of order awarding separate maintenance.
Upon the petition of either party, the court may revise or
alter an order entered in an action for separate maintenance, or
may make further orders, concerning the following matters:
(1) The support and maintenance of either spouse;
(2) The interest of one spouse in the property of the other
(3) The allocation of responsibility for the children of the
(4) The support of the children of the parties.
Note: WV Code updated with legislation passed through the 2012 1st Special Session