West Virginia Code
1 - GENERAL PROVISIONS; DEFINITIONS
2 - MARRIAGES
3 - PROPERTY, RIGHTS AND LIABILITIE
5 - DIVORCE
5A - COLLABORATIVE FAMILY LAW PROCE
6 - APPENDICES
7 - EQUITABLE DISTRIBUTION OF PROPE
8 - SPOUSAL SUPPORT
9 - ALLOCATION OF CUSTODIAL RESPONS
10 - GRANDPARENT VISITATION
11 - SUPPORT OF CHILDREN
12 - MEDICAL SUPPORT
13 - GUIDELINES FOR CHILD SUPPORT
14 - REMEDIES FOR THE ENFORCEMENT
15 - ENFORCEMENT OF SUPPORT ORDER
16 - UNIFORM INTERSTATE FAMILY SUP
17 - WEST VIRGINIA SUPPORT ENFORCE
18 - BUREAU FOR CHILD SUPPORT ENFO
19 - BUREAU FOR CHILD SUPPORT ENFO
20 - UNIFORM CHILD CUSTODY JURISDI
21 - RESERVED
22 - ADOPTION
23 - VOLUNTARY ADOPTION REGISTRY
24 - ESTABLISHMENT OF PATERNITY
25 - CHANGE OF NAME
25A - MATERNAL MORTALITY REVIEW TE
26 - DOMESTIC VIOLENCE ACT
27 - PREVENTION AND TREATMENT OF D
27A - DOMESTIC VIOLENCE FATALITY R
28 - UNIFORM INTERSTATE ENFORCEMEN
28A - ADDRESS CONFIDENTIALITY PROG
29 - PROPERTY, RIGHTS AND LIABILIT
30 - PROCEEDING BEFORE A FAMILY LA
31 - UNIFORM DEPLOYED PARENTS CUST
CHAPTER 48. DOMESTIC RELATIONS.
ARTICLE 4. SEPARATE MAINTENANCE.
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.
Separate maintenance may be ordered:
(1) If the party seeking separate maintenance has grounds for divorce; or
(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 spouse; or
(B) Has abandoned or deserted the other spouse.
(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 either spouse.
(c) Any order entered in the case is effective during the time the court by its order directs, until further order of the court.
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 spouse;
(3) The allocation of responsibility for the children of the parties; and
(4) The support of the children of the parties.