West Virginia Code
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.