WVC 48 - 8 - 101
§48-8-101. General provisions regarding spousal support.
(a) An obligation that compels a person to pay spousal support
may arise from the terms of a court order, an antenuptial agreement
or a separation agreement. In an order or agreement, a provision
that has the support of a spouse or former spouse as its sole
purpose is to be regarded as an allowance for spousal support
whether expressly designated as such or not, unless the provisions
of this chapter specifically require the particular type of
allowance to be treated as child support or a division of marital
property. Spousal support may be paid as a lump sum or as periodic
installments without affecting its character as spousal support.
(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.
(c) An award of spousal support cannot be ordered unless the
parties are actually living separate and apart from each other.