DIVORCE SETTLEMENT AGREEMENT
(West Virginia – Family Court Jurisdiction)
[// GUIDANCE: This template is designed for use in West Virginia (“WV”) Family Court proceedings and is intended to be incorporated, by reference, into the Final Order of Divorce. Bracketed items [LIKE THIS] are mandatory user inputs. Square-bracketed comments beginning with // GUIDANCE are instructions for the drafting attorney and should be removed prior to filing.]
TABLE OF CONTENTS
- Document Header
- Definitions
- 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 - Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- 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 fully and finally settle all matters arising from the Marriage, including property division, spousal support, child custody, and child support, pursuant to W. Va. Code §48-1-101 et seq.
d. The Parties intend this Agreement to be incorporated, but not merged, into the final Order of Divorce issued by the Family Court of [COUNTY], West Virginia (the “Family Court”).
1.4 Effective Date. This Agreement becomes effective on the date of the last Party’s notarized signature (the “Effective Date”) unless the Family Court specifies otherwise.
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 determined under W. Va. Code §48-13-101 et seq. and Section 3.5 herein.
“Custodial Responsibility” – Allocation of decision-making authority and parenting time pursuant to W. Va. Code §48-9-101 et seq.
“Family Court” – The Family Court of [COUNTY], West Virginia, having exclusive jurisdiction over this matter.
“Marital Property” – All real and personal property acquired by either Party during the Marriage that is not Separate Property, as defined by W. Va. Code §48-7-103.
“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, governed by W. Va. Code §48-8-101 et seq.
3. OPERATIVE PROVISIONS
3.1 Dissolution & Incorporation
a. The Parties shall file this Agreement with the Family Court and request that it be incorporated, but not merged, into the Final Order of Divorce.
b. Each Party waives any statutory waiting periods to the extent permitted by law.
3.2 Property Division
[// GUIDANCE: Attach a detailed Schedule “A” (Marital Assets) and Schedule “B” (Marital Debts).]
a. Equitable Distribution. Pursuant to W. Va. Code §48-7-104, the Parties agree that the division set forth in Schedules “A” and “B” constitutes a just and equitable distribution of Marital Property and liabilities.
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. Title passes upon the Effective Date.
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. Death of either Party;
iii. Remarriage or cohabitation (per W. Va. Code §48-8-111) of the Payee; or
iv. Further order of the Family Court.
b. Modification. Spousal Support is subject to modification upon a substantial change in circumstances under W. Va. Code §48-8-103.
c. Tax Treatment. Pursuant to the Tax Cuts and Jobs Act, spousal support is [non-deductible/non-includable] for federal income tax purposes for agreements executed after 31 Dec 2018.
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. Legal Custody. The Parties shall share joint legal custody, with major decisions requiring mutual consent.
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 relocating Party must comply with W. Va. Code §48-9-403, including 90-day advance notice and updated parenting proposals.
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. Child Support is determined under the WV Child Support Guidelines (W. Va. Code §48-13-301 et seq.) using the attached Child Support Worksheet (“Schedule D”).
b. Amount & Payment. [PAYOR] shall pay $[AMOUNT] per month via income withholding to the WV Bureau for Child Support Enforcement, commencing [DATE].
c. Automatic Adjustment. Support shall automatically adjust upon statutory emancipation of each child, subject to recalculation under current Guidelines.
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. Dependency Exemptions. For so long as Child Support is due, the Parties shall alternate the federal child tax credit annually, with [PLAINTIFF] claiming in [ODD/EVEN]-numbered years.
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 Binding Effect. Each Party warrants that upon approval by the Family Court, this Agreement constitutes a valid, binding, and enforceable obligation.
4.4 Survival. All representations and warranties survive execution and are not merged into 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. Except as required by law or for enforcement, the terms of this Agreement shall remain confidential.
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. The non-defaulting Party shall provide written notice specifying the default. The defaulting Party shall have ten (10) days to cure monetary defaults and thirty (30) days for non-monetary defaults.
6.3 Remedies. Upon uncured default, the non-defaulting Party may:
a. Seek enforcement and contempt sanctions in Family Court;
b. Obtain judgment for unpaid sums plus interest at [X]% per annum;
c. Recover reasonable attorney’s fees and costs.
7. RISK ALLOCATION
7.1 Mutual Indemnity. Subject to Section 7.2, each Party (“Indemnitor”) shall indemnify, defend, and hold harmless the other (“Indemnitee”) from any loss, claim, or liability arising out of Indemnitor’s breach or allocated debt.
7.2 Limitation of Liability. The indemnity obligations of each Party shall not exceed the aggregate net value of that Party’s allocated Marital Property (the “Liability Cap”).
7.3 Force Majeure. Neither Party is liable for failure to perform if performance is prevented by events beyond reasonable control, excluding payment obligations.
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 Selection. The Family Court of [COUNTY], West Virginia, shall have exclusive jurisdiction over all matters arising hereunder.
8.3 Mandatory Mediation. Prior to filing any motion to modify or enforce (excluding emergencies), the Parties shall participate in mediation with a WV-certified family mediator. Costs shared equally.
8.4 Limited Arbitration. The Parties may submit property-division disputes (excluding custody/support) to binding arbitration in accordance with W. Va. Code §55-10-1 et seq., provided the arbitrator’s award is submitted to the Family Court for confirmation.
8.5 Jury Waiver. Family Courts in WV do not conduct jury trials; each Party hereby acknowledges the bench nature of proceedings.
8.6 Injunctive Relief. Nothing herein limits the Family Court’s authority to issue temporary or permanent restraining or protective orders.
9. GENERAL PROVISIONS
9.1 Amendments & Waivers. Any modification must be in writing, signed by both Parties, and approved by the Family Court. 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. This Agreement binds the Parties and their respective heirs, personal representatives, and permitted assigns.
9.4 Severability. If any provision is held invalid, the remaining provisions remain enforceable, and the Family Court may reform the invalid provision to a valid intent-closest form.
9.5 Integration. This Agreement supersedes all prior oral or written agreements between the Parties concerning the subject matter herein.
9.6 Notices. All notices required under this Agreement 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.
9.7 Counterparts & Electronic Signatures. This Agreement may be executed in counterparts, each of which is deemed an original. Signatures transmitted electronically (e.g., PDF, DocuSign) are binding to the fullest extent permitted by W. Va. Code §39A-1-1 et seq.
10. EXECUTION BLOCK
IN WITNESS WHEREOF, the Parties hereto have executed this Divorce Settlement Agreement as of the dates set forth below.
| Party | Signature | Date |
|---|---|---|
| [PLAINTIFF FULL NAME] | ____ | ____ |
| [DEFENDANT FULL NAME] | ____ | ____ |
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: ____
[// GUIDANCE: Remove this guidance section and any unused placeholders before filing. Attach Schedules A–D, Parenting Plan, Child Support Worksheet, and any QDRO drafts as Exhibits.]