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

Irreconcilable differences have arisen between the Parties, making the continuation of the marriage impossible.

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

Each Party shall indemnify and hold the other harmless from debts assigned to him/her. Debts incurred individually after the separation date are the sole responsibility of the incurring Party.

8. SPOUSAL SUPPORT

☐ No Spousal Support. Each Party waives any claim to spousal support, now and in the future, knowingly and voluntarily.

☐ Spousal Support Payable:

• Payor: ☐ Spouse 1 ☐ Spouse 2
• Amount: $[________] per ☐ month ☐ week
• Start: [__/__/____] | End: [__/__/____]
• Terminates upon: death of either Party, remarriage of recipient, or court order
• 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.
☐ [Spouse __] maintains the other on employer plan for [____] months or until COBRA expires.

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

10. TAX FILING AND OBLIGATIONS

☐ Parties shall file jointly for the year of divorce (if not yet final as of Dec. 31).
☐ Parties shall file separately.

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

Each Party indemnifies the other from tax liability arising from his/her own income or deductions.

11. MUTUAL RELEASE AND WAIVER

Except as provided herein, each Party releases the other from all claims arising from the marriage, including claims to marital property not addressed herein, claims to spousal support not addressed herein, claims against the other's estate (including statutory share, dower, curtesy, or election), and claims under prior wills or beneficiary designations. Each Party shall execute documents necessary to effectuate these waivers.

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. This Agreement shall be incorporated into but not merged with the Final Divorce Order and shall survive as an independent contract. The court shall approve this Agreement unless it finds fraud, duress, unconscionability, or inequity defeating the purpose of equal division (W. Va. Code Section 48-7-102). 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

West Virginia presumes EQUAL division of marital property under W. Va. Code Section 48-7-101. The court must approve settlement agreements and may reject them if obtained by fraud, duress, unconscionability, or if the terms would defeat the purpose of equal division (Section 48-7-102). Spousal support is determined by nineteen statutory factors under Section 48-6-301.

Property Division: Equal Division Presumption | Residency: One year (or married in WV and residing there)
No-Fault Grounds: Irreconcilable differences (Section 48-5-201(a)(10)) or one year voluntary separation (Section 48-5-201(a)(7))

Key Statutes:

• W. Va. Code Section 48-7-101 (Equal Division of Marital Property)
• W. Va. Code Section 48-7-102 (Division by Agreement)
• W. Va. Code Section 48-7-103 (Division Without Agreement)
• W. Va. Code Section 48-6-301 (Spousal Support Factors)
• W. Va. Code Section 48-5-201 (Grounds for Divorce)

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.