Divorce Settlement Agreement - West Virginia

DIVORCE SETTLEMENT AGREEMENT

(West Virginia – Family Court Jurisdiction)

TABLE OF CONTENTS

1. Document Header
2. Definitions

3. Operative Provisions
    3.1 Dissolution & Incorporation
    3.2 Property Division
    3.3 Spousal Support
    3.4 Child Custody & Parenting Plan
    3.5 Child Support
    3.6 Health Insurance & Uninsured Medical Expenses
    3.7 Debts & Liabilities Allocation
    3.8 Retirement & Deferred Compensation Assets
    3.9 Tax Matters

4. Representations & Warranties

5. Covenants & Restrictions
6. Default & Remedies
7. Risk Allocation
8. Dispute Resolution
9. General Provisions
10. Execution Block

1. DOCUMENT HEADER

1.1 Title. Divorce Settlement Agreement (the “Agreement”).

1.2 Parties.
a. [FULL LEGAL NAME OF PLAINTIFF], currently residing at [ADDRESS] (“[Plaintiff Short Name]”).
b. [FULL LEGAL NAME OF DEFENDANT], currently residing at [ADDRESS] (“[Defendant Short Name]”).

1.3 Recitals.
a. The Parties were lawfully married on [DATE] in [CITY, STATE] (the “Marriage”).
b. Irreconcilable differences have arisen between the Parties, rendering the Marriage irretrievably broken.
c. Each Party desires to propose terms for property division, spousal support, child custody, and child support for the Court's review.
d. The Parties will submit this Agreement for review and request that its approved terms be incorporated into the final Order of Divorce issued by the Family Court of [COUNTY], West Virginia (the “Family Court”).

1.4 Effective Date. The Parties intend this Agreement to take effect between them on the date of the last signature below (the “Effective Date”), subject to the Family Court's review and any controlling order.

2. DEFINITIONS

For purposes of this Agreement, the following capitalized terms have the meanings set forth below; terms used in the singular include the plural and vice versa.

“Agreement” – This Divorce Settlement Agreement, including all Exhibits and Schedules.

“Child/Children” – The Parties’ minor child(ren): [NAME(S), DATE(S) OF BIRTH] (“Minor Child(ren)”).

“Child Support” – The monetary support proposed in Section 3.5, subject to the applicable guidelines and Court order.

“Custodial Responsibility” – The allocation of parenting responsibility in the Court-approved parenting plan.

“Family Court” – The Family Court of [COUNTY], West Virginia, in which this divorce action is pending.

“Marital Property” – Property and earnings within W. Va. Code § 48-1-233, including any increase in separate property's value attributable to marital funds or work during the marriage.

“Separate Property” – Property defined as separate under W. Va. Code §48-1-237, including but not limited to inheritances, gifts, and premarital assets.

“Spousal Support” – Payments described in Section 3.3, subject to W. Va. Code § 48-8-103 and the Court's order.

3. OPERATIVE PROVISIONS

3.1 Dissolution & Incorporation

a. The Parties shall submit this Agreement to the Family Court and request that its approved terms be incorporated into the Final Order of Divorce. The Court retains its authority to approve, modify, or reject proposed terms.

3.2 Property Division

a. Property Division. The Parties agree to the property and debt allocation in Schedules “A” and “B” and request the Family Court's approval. If the Court must divide marital property without a valid agreement, W. Va. Code §§ 48-7-103 and 48-7-104 govern its division and valuation.

b. Real Property.
 i. [ADDRESS/LEGAL DESCRIPTION] (the “Marital Residence”) shall be [awarded to PLAINTIFF / awarded to DEFENDANT / sold].
 ii. Closing or transfer shall occur on or before [DATE]. Pending transfer, the Party in exclusive occupancy shall pay mortgage, taxes, insurance, and utilities.

c. Personal Property. Items listed on Schedule “A-1” are allocated as indicated therein, subject to the Court's order. Each Party shall execute any further documents needed to transfer an item.

d. Vehicle Titles. Each Party shall execute all DMV documentation within ten (10) days from the Effective Date.

e. Equalizing Payment. [PLAINTIFF/DEFENDANT] shall pay an equalizing lump sum of $[AMOUNT] to [OTHER PARTY] no later than [DATE]. Interest at [X]% per annum accrues on unpaid amounts after the due date.

3.3 Spousal Support

a. Type & Duration. [PERMANENT/REHABILITATIVE/LUMP-SUM] spousal support payable by [PAYOR] to [PAYEE] in the amount of $[AMOUNT] per [WEEK/MONTH] commencing [DATE] and terminating on the earliest of:
 i. [DATE/NUMBER OF YEARS];
 ii. [SPECIFY EFFECT OF PAYOR'S OR PAYEE'S DEATH UNDER THE AGREED TERMS; SEE W. Va. Code § 48-6-202];
 iii. [SPECIFY EFFECT OF PAYEE'S REMARRIAGE UNDER THE AGREED TERMS; SEE W. Va. Code § 48-6-203]; or
 iv. Further order of the Family Court.

b. Modification. Any request to revise a support order must identify the award class, applicable agreement and order terms, and the altered circumstances or needs under W. Va. Code § 48-8-103(b). Rehabilitative support requires a substantial change under § 48-8-105(b). A payor may seek relief for a proven de facto marriage under § 48-5-707(a) only for an eligible award; this ground excludes rehabilitative support and support in gross.

c. Tax Treatment. The Parties shall document the treatment of spousal support on their returns according to the federal tax rules applicable to this agreement: [TAX TREATMENT CONFIRMED WITH TAX ADVISER].

3.4 Child Custody & Parenting Plan

a. Best Interests Standard. The Parties agree that the allocations herein are in the Minor Child(ren)’s best interests, consistent with W. Va. Code §48-9-102.

b. Decision-Making. The Parties propose shared responsibility for major decisions, subject to the Court-approved parenting plan.

c. Parenting Time Schedule.
 i. Regular Weekday/Weekend Schedule: [DETAILED SCHEDULE].
 ii. Holidays: Allocated per Schedule “C-Holiday Parenting Plan.”
 iii. Vacations: Each Party shall provide at least [30] days’ written notice of vacation periods.

d. Relocation. A Party with responsibility under a parenting plan who changes, or intends to change, residence must comply with W. Va. Code § 48-9-403, including a verified modification petition ordinarily filed 90 days before the move and service of the petition and summons on the other parent and each person allocated custodial time under the current order.

e. Right of First Refusal. If a Party is unable to exercise parenting time for [X] consecutive hours, the other Party shall have the first opportunity for childcare.

3.5 Child Support

a. Calculation. The Parties shall attach the applicable West Virginia Child Support Worksheet (“Schedule D”) and submit the proposed support amount for Court review. W. Va. Code § 48-13-301 supplies the basic monthly obligation table.

b. Amount & Payment. [PAYOR] shall pay $[AMOUNT] per month beginning [DATE], by the payment and income-withholding method stated in the Court's order.

c. Review on a child's emancipation. The Order shall state the events that terminate support. If an emancipation or other change calls for a different monthly amount, a party must file a motion to modify the child-support amount; the existing amount remains due unless modified as provided by law. W. Va. Code § 48-11-102(a)(5), (c).

d. College Expenses. [OPTIONAL] The Parties agree to each contribute [PERCENTAGE]% of qualified post-secondary education costs, capped at WVU in-state tuition.

3.6 Health Insurance & Uninsured Medical Expenses

a. Insurance. [PLAINTIFF/DEFENDANT] shall maintain comprehensive medical, dental, and vision insurance for the Minor Child(ren) as available through employer or Marketplace.

b. Uninsured Expenses. The Parties shall share uninsured medical expenses [E.G., 50/50]. Reimbursement shall be made within thirty (30) days of receipt of documentation.

3.7 Debts & Liabilities Allocation

a. Marital Debts. Schedule “B” sets forth allocation of debts existing as of the Effective Date.

b. Indemnity. Each Party shall indemnify and hold harmless the other from any debt allocated to the indemnifying Party.

3.8 Retirement & Deferred Compensation Assets

a. Division.
 i. [401(k)/PENSION PLAN NAME] shall be divided [50/50] via Qualified Domestic Relations Order (“QDRO”).
 ii. Draft QDRO. The Party retaining plan counsel shall draft and submit the QDRO within sixty (60) days post-Effective Date.

b. Survivor Benefits. [ELECTION DETAILS].

3.9 Tax Matters

a. Filing Status. The Parties shall file [JOINT/SEPARATE] federal and state returns for tax year [YEAR], consistent with IRS regulations.

b. Child Tax Credit. Subject to federal eligibility, the Parties intend [PLAINTIFF] to claim the child tax credit in [ODD/EVEN]-numbered years and [DEFENDANT] in the other years. When the noncustodial parent is to claim it, the custodial parent shall provide Form 8332 or an IRS-accepted equivalent for the agreed year, and the claiming parent shall file the required release with the return. This Agreement alone does not replace the release for a divorce decree executed after 2008. Form 8332 does not transfer eligibility for the earned income tax credit, which follows its own residency rules. IRS, "Divorced and separated parents" (reviewed July 28, 2026).

c. Indemnification. Each Party shall indemnify the other for any tax liabilities arising from the indemnifying Party’s misstatement or omission.

4. REPRESENTATIONS & WARRANTIES

4.1 Full Disclosure. Each Party represents that he or she has made a complete and truthful disclosure of all assets, debts, income, and liabilities.

4.2 Independent Counsel. Each Party represents that he or she has had the opportunity to obtain independent legal advice and voluntarily executes this Agreement free from duress or undue influence.

4.3 Court Review. The Parties request approval of the proposed terms, subject to the Court's authority to approve, modify, or reject them.

4.4 Continuing Accuracy. Each Party shall correct any material disclosure made in this Agreement that becomes inaccurate before the Final Order of Divorce.

5. COVENANTS & RESTRICTIONS

5.1 Mutual Cooperation. The Parties shall execute and deliver all instruments reasonably necessary to effectuate the terms of this Agreement.

5.2 Non-Disparagement. Neither Party shall disparage the other in the presence or hearing of the Minor Child(ren).

5.3 Restraining Orders. The Parties agree to abide by any temporary or permanent restraining orders issued in this matter.

5.4 Confidentiality. Between the Parties, the terms of this Agreement shall remain confidential except as needed for court submission, enforcement, tax reporting, or other disclosure required by law or court order.

5.5 Notice of Material Changes. Each Party shall notify the other within fifteen (15) days of any change in address, employment, or health insurance coverage.

6. DEFAULT & REMEDIES

6.1 Events of Default. A Party is in default if he or she:
 a. Fails to make any payment when due;
 b. Breaches any material covenant; or
 c. Fails to execute required documentation.

6.2 Notice & Cure. For obligations enforceable as private agreements, the non-defaulting Party shall provide written notice specifying the default and allow ten (10) days to cure monetary defaults or thirty (30) days for non-monetary defaults. These periods do not postpone child support, spousal support, or any duty or remedy controlled by a court order.

6.3 Remedies. Upon uncured default, the non-defaulting Party may:
 a. Seek enforcement or contempt relief if authorized by the controlling order and law;
 b. Request judgment for unpaid sums and any interest allowed by the controlling order and law;
 c. Request reasonable attorney’s fees and costs when an applicable law or court order permits them.

7. RISK ALLOCATION

7.1 Allocated Debt Indemnity. Subject to Section 7.2, each Party (“Indemnitor”) shall indemnify the other (“Indemnitee”) for loss the Indemnitee actually incurs on a third-party debt assigned to the Indemnitor in Schedule “B.” The Indemnitee shall give prompt notice of a claim and reasonable proof of payment or liability.

7.2 Limit on Debt Indemnity Only. The Parties set the limit on Section 7.1 debt indemnity at [NEGOTIATED AMOUNT OR "NO CAP"]. This limit does not apply to child support, spousal support, property transfers, or duties in a court order. Remove this limit if it conflicts with the debt allocation approved by the Court.

7.3 Court-Ordered Duties. Nothing in this section excuses, delays, or limits a duty or remedy fixed by a court order.

8. DISPUTE RESOLUTION

8.1 Governing Law. This Agreement is governed by the domestic relations laws of the State of West Virginia.

8.2 Forum. A dispute arising under this Agreement may be brought before the court with jurisdiction over the issue. The Parties identify the existing divorce case as [COURT, COUNTY, CASE NUMBER].

8.3 Voluntary Mediation. The Parties may agree to mediate a specific dispute with [MEDIATOR OR SELECTION METHOD] and allocate its cost [METHOD]. This clause does not condition a Party's ability to seek court relief on first completing mediation.

8.4 Arbitration. This Agreement does not submit any issue to binding arbitration. A later proposal for another dispute-resolution process must identify the specific issue and obtain any approval the governing law requires.

8.5 Court Procedure. Any dispute submitted to a court will follow that court's applicable procedures.

8.6 Protective Relief. Either Party may request available temporary or protective relief from a court with jurisdiction.

9. GENERAL PROVISIONS

9.1 Amendments & Waivers. The Parties may sign a written amendment to their private terms, but it does not modify a court order unless the Court approves the change through the applicable procedure. Child support remains subject to continuing judicial modification. Waiver of any provision on one occasion is not a waiver on any other occasion.

9.2 Assignment. Rights and obligations are personal to each Party and may not be assigned.

9.3 Successors & Assigns. The Parties intend the property and allocated-debt provisions to bind their respective estates to the extent applicable. The spousal-support terms governing death and remarriage in Section 3.3 and the controlling Order determine whether support continues after a Party's death.

9.4 Severability. If a provision is held invalid, the Parties request enforcement of the remaining valid provisions to the extent permitted by law and the controlling court order.

9.5 Integration. This Agreement supersedes all prior oral or written agreements between the Parties concerning the subject matter herein.

9.6 Notices. Notices required solely by the Parties' private terms shall be in writing and delivered by certified mail or recognized overnight courier to the Parties at their last known addresses. Electronic mail is sufficient only if receipt is acknowledged. Court filings, service, and notices required by law follow the applicable rules and order.

9.7 Counterparts & Electronic Signatures. The Parties may sign counterparts and agree to exchange electronic records and signatures. Under W. Va. Code §§ 39A-1-5(b) and 39A-1-7, an electronic signature is not denied legal effect solely because it is electronic when the Act applies. Other substantive law and any court or notarial requirements still apply; the Parties shall provide a further signature or original if required for this transaction or filing.

10. EXECUTION BLOCK

IN WITNESS WHEREOF, the Parties hereto have executed this Divorce Settlement Agreement as of the dates set forth below.

NOTARY ACKNOWLEDGMENT

State of West Virginia, County of [COUNTY]:

On this ___ day of __________, 20__, before me, the undersigned Notary Public, personally appeared [PLAINTIFF] and [DEFENDANT], known to me or satisfactorily proven to be the persons whose names are subscribed to within this instrument, and acknowledged that they executed the same for the purposes therein contained.

Witness my hand and official seal.

______________________________
Notary Public
My Commission Expires: __________