Marital Settlement Agreement (No Children) - West Virginia

MARITAL SETTLEMENT AGREEMENT (NO CHILDREN) — WEST VIRGINIA

TABLE OF CONTENTS

1. Parties and Recitals
2. Separation and Grounds
3. Division of Real Property
4. Division of Personal Property
5. Division of Financial Accounts
6. Retirement and Pension Benefits
7. Debt Allocation
8. Spousal Support
9. Insurance Provisions
10. Tax Filing and Obligations
11. Mutual Release and Waiver
12. Execution and Notarization
13. West Virginia Jurisdictional Notes

1. PARTIES AND RECITALS

This Agreement is entered into on [__/__/____] by and between:

Spouse 1 (Petitioner): [________________________________] (DOB: [__/__/____])
Address: [________________________________]

Spouse 2 (Respondent): [________________________________] (DOB: [__/__/____])
Address: [________________________________]

The Parties were lawfully married on [__/__/____] in [________________________________] (city/county, state). The Parties separated on or about [__/__/____]. There are no minor or dependent children of this marriage and neither Party is currently pregnant. Both Parties have made full and complete financial disclosure, have had the opportunity to consult independent counsel, and enter this Agreement voluntarily.

2. SEPARATION AND GROUNDS

☐ The Parties will seek a divorce based on irreconcilable differences under W. Va. Code § 48-5-201, with the complaint alleging that ground and the answer admitting it.

☐ The Parties will seek a divorce based on one year of uninterrupted separation in separate places of abode without cohabitation under W. Va. Code § 48-5-202.

3. DIVISION OF REAL PROPERTY

Marital Residence: [________________________________]

• Fair Market Value: $[________] | Mortgage Balance: $[________]

☐ Spouse 1 retains and shall refinance solely in his/her name within [____] days of the Final Decree.
☐ Spouse 2 retains and shall refinance solely in his/her name within [____] days of the Final Decree.
☐ Property shall be listed for sale within [____] days; net proceeds divided: [________________________________].
☐ No real property owned.

Other Real Property: [________________________________]

The retaining Party shall execute all deeds/transfers necessary within [____] days.

4. DIVISION OF PERSONAL PROPERTY

To Spouse 1: [________________________________]
To Spouse 2: [________________________________]

Vehicles:

Each Party shall execute titles/transfers within [____] days.

5. DIVISION OF FINANCIAL ACCOUNTS

Equalization Payment (if any): $[________] from [Spouse __] to [Spouse __] by [__/__/____].

6. RETIREMENT AND PENSION BENEFITS

☐ A QDRO shall be prepared for: [________________________________].
☐ Each Party retains own retirement accounts without division.
☐ Other: [________________________________]

7. DEBT ALLOCATION

As between the Parties, each shall indemnify and hold the other harmless from debts assigned to that Party. Debts incurred individually after the separation date are the responsibility of the incurring Party as between the Parties. This allocation does not release either Party from a creditor's rights under a joint account or contract.

8. SPOUSAL SUPPORT

☐ No Spousal Support. Each Party knowingly and voluntarily waives a claim to spousal support under this Agreement, subject to the court's review and any order entered.

☐ Spousal Support Payable:

• Payor: ☐ Spouse 1 ☐ Spouse 2
• Amount: $[________] per ☐ month ☐ week
• Start: [__/__/____] | End: [__/__/____]
• Support type: ☐ Periodic ☐ Rehabilitative ☐ Spousal support in gross
• Upon payor's death: ☐ Ceases ☐ Continues on these terms: [________________]
• Upon payee's death: ☐ Ceases ☐ Continues on these terms: [________________]
• Upon payee's remarriage: ☐ Ceases ☐ Continues on these terms: [________________]
• Modification or further termination terms, subject to court approval: [________________]
• Payment method: [________________________________]

☐ Rehabilitative Support: $[________] per month for [____] months to enable recipient to obtain education/training for self-sufficiency.

☐ Lump Sum: $[________] payable by [__/__/____].

9. INSURANCE PROVISIONS

Health Insurance:
☐ Each Party responsible for own coverage after the Final Decree.
☐ If eligible under the plan and applicable continuation-coverage law, [Spouse __] will pay [____]% of the cost of the other's elected continuation coverage for [____] months, subject to [________________].

Life Insurance:
☐ Not applicable.
☐ [Spouse __] maintains policy of $[________] naming other as beneficiary while support obligations continue. Carrier: [________] Policy No.: [________]

10. TAX FILING AND OBLIGATIONS

☐ If eligible under federal and state tax law, the Parties shall file a joint return for tax year [____] and allocate any refund or liability as follows: [________________].
☐ The Parties shall file separate returns for tax year [____] if eligible or required under applicable tax law.

Prior returns: Parties shall cooperate on outstanding returns and divide refunds/liabilities as follows: [________________________________].

As between the Parties, each indemnifies the other for tax liability arising from that Party's own income or deductions, subject to the allocation above. This agreement does not limit a taxing authority's rights.

11. MUTUAL RELEASE AND WAIVER

Except as provided herein and subject to court approval where required, each Party releases the other from claims to marital property and spousal support arising from this marriage. Each Party also waives any elective-share right in the other's estate to the extent permitted by W. Va. Code § 42-3-3a. The Parties have exchanged the financial disclosures identified in Exhibit [____]. Each Party shall separately update any will, trust, insurance, retirement-plan, or other beneficiary designation as needed; this Agreement does not itself change an administrator's records or override governing plan requirements.

12. EXECUTION AND NOTARIZATION

This Agreement constitutes the entire agreement between the Parties, may be amended only in writing signed by both, and shall be governed by the laws of the State of West Virginia. The Parties will request that the court approve and incorporate this Agreement into the Final Divorce Order; the court retains authority to review it under applicable law. For marital-property division, W. Va. Code § 48-7-102 identifies three grounds on which the court may decline to divide property according to an agreement: fraud, duress or other unconscionable conduct; terms insufficiently definite to be enforceable as an order; or an agreement inequitable when made in light of the Parties' contributions and the section's purpose. Each Party acknowledges reading, understanding, and voluntarily signing this Agreement.

☐ Both Parties represented by independent counsel.
☐ [Spouse __] proceeding without counsel after advisement.

SPOUSE 1 (PETITIONER):
Signature: ___________________________________ Date: [__/__/____]
Printed Name: [________________________________]

SPOUSE 2 (RESPONDENT):
Signature: ___________________________________ Date: [__/__/____]
Printed Name: [________________________________]

NOTARIZATION — STATE OF WEST VIRGINIA

County of [________________________________]

On [__/__/____], before me personally appeared the above-named Spouse 1 and Spouse 2, known to me or proven by satisfactory evidence, and acknowledged execution of this instrument voluntarily.

Notary Public: ___________________________________ | Commission Expires: [__/__/____]
[NOTARY SEAL]

13. WEST VIRGINIA JURISDICTIONAL NOTES

W. Va. Code § 48-7-101 sets equal division as the default for marital property; § 48-7-102 governs division under a valid separation agreement, while § 48-7-103 permits a court to alter equal division without a valid agreement after considering its listed contributions and economic conduct. Section 48-6-301(b) lists twenty factors for the court to consider when it must determine spousal support.

Property Division: Equal division default, subject to §§ 48-7-102 and 48-7-103. Residency: Apply the marriage-location, residency, and ground-specific branches of § 48-5-105 before filing.
Divorce Grounds: Irreconcilable differences with admitted answer (§ 48-5-201), or one year of qualifying voluntary separation (§ 48-5-202).

Key Statutes:

• W. Va. Code § 48-7-101 (equal division of marital property)
• W. Va. Code § 48-7-102 (division under an agreement)
• W. Va. Code § 48-7-103 (division without a valid agreement)
• W. Va. Code §§ 48-6-202 and 48-6-203 (support on death or remarriage)
• W. Va. Code § 48-6-301 (support factors)
• W. Va. Code §§ 48-5-201 and 48-5-202 (divorce grounds)
• W. Va. Code § 48-5-105 (residency)
• W. Va. Code § 42-3-3a (elective-share waiver)

This template is provided by ezel.ai for informational purposes only. It does not constitute legal advice. Consult a licensed West Virginia attorney before executing any legal document.