Free West Virginia Postnuptial Agreement Template

A West Virginia postnuptial agreement is a written contract spouses sign during the marriage about their property. West Virginia’s definition of separate property expressly includes property excluded by a valid agreement made during the marriage. That definition shapes what a court treats as divisible at divorce.

An Agreement Can Make Property Separate

Separate property includes property acquired during the marriage but excluded from treatment as marital property by a valid agreement of the parties entered into before or during the marriage (W. Va. Code § 48-1-237(3)).

Other Separate Property

Separate property also includes property acquired before the marriage, property exchanged for it, and property acquired during the marriage by gift, bequest, devise, descent, or distribution (W. Va. Code § 48-1-237(1), (2), (4)).

After Separation

Property a spouse acquires after the parties separate, but before an annulment, divorce, or separate maintenance order, is also separate property (W. Va. Code § 48-1-237(5)).

Growth From Outside Forces

An increase in the value of separate property is separate too, when it’s due to inflation or a change in market value from conditions outside the parties’ control (W. Va. Code § 48-1-237(6)).

Yes, if the agreement is valid. The statute specifically lets a valid agreement made during the marriage exclude property acquired during the marriage from marital property (§ 48-1-237(3)).

So a West Virginia postnuptial agreement should name each asset it covers, rather than relying on general wording. Clear descriptions make it easier to show which property the agreement excludes. Also consider how growth is treated: the statute keeps market-driven increases on separate property separate, but it doesn’t say the same for growth from the spouses’ own efforts.

Precise records help the exclusion work. Take these steps for a West Virginia postnuptial agreement:

1. List property acquired during the marriage that you want treated as separate.
2. Note existing separate property, such as premarital assets and inheritances.
3. Address growth. State how increases from each spouse’s efforts will be treated.
4. Lay out both spouses’ finances in full before signing.
5. Encourage each spouse to get their own legal advice.
6. Sign the written agreement, and keep dated copies.

Put these sections in writing:

• Excluded property — each asset acquired during the marriage that stays separate
• Existing separate property — premarital assets, gifts, and inheritances
• Growth terms — how active increases in value are handled
• Financial disclosure — what each spouse owns, owes, and earns
• Signature lines — each spouse, with the date