Free Wyoming Postnuptial Agreement Template

A Wyoming postnuptial agreement is a written contract spouses sign during the marriage about property and what happens at death or divorce. Wyoming’s probate code lets a spouse waive the elective share and related rights after marriage.

Written, Signed, After Fair Disclosure

A surviving spouse’s right of election, homestead allowance, exempt property, and family allowance may be waived, totally or partially, before or after marriage. The waiver must be a written contract, agreement, or waiver signed by the waiving party after fair disclosure (Wyo. Stat. § 2-5-102).

The All-Rights Default

Unless it says otherwise, a waiver of “all rights” waives the elective share and all three allowances for each spouse. A complete property settlement signed after, or in anticipation of, separation or divorce has the same effect. Either one also renounces benefits under intestate succession or earlier wills (Wyo. Stat. § 2-5-102).

It depends on the family. If a spouse’s will leaves the survivor less than the elective share, the survivor may elect one-half, when there are no surviving children or other issue, or when the survivor is a parent of any of them. It’s one-fourth if the survivor isn’t a parent of any of the deceased spouse’s surviving issue (Wyo. Stat. § 2-5-101(a)).

If a surviving spouse doesn’t exercise the right of election within the statutory time, the will governs the estate (Wyo. Stat. § 2-5-101(d)). A surviving spouse may also file a renunciation or waiver of the right with the court after being advised of it (Wyo. Stat. § 2-5-101(e)).

Those rules matter for blended families. A Wyoming postnuptial agreement can address the elective share directly, so each spouse’s children from earlier relationships know what to expect.

Take these steps for a Wyoming postnuptial agreement:

1. Disclose fairly. Give each other a clear picture of assets, debts, and income.
2. Review your family situation. Note whether either spouse has children from another relationship.
3. Decide on each right: the elective share, homestead allowance, exempt property, and family allowance.
4. Mind the all-rights default. Carve out anything you intend to keep.
5. Get it signed. The spouse waiving rights must sign the written agreement.
6. Update wills signed before the agreement.

A well-planned agreement covers:

• Disclosure — each spouse’s property and debts
• Family details — children of either spouse
• Estate rights — each right waived, partly waived, or kept
• Ownership terms — which assets stay individual and which are shared
• Signature page — each spouse signs and dates