West Virginia Postnuptial Agreement

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Updated January 23, 2023

A West Virginia postnuptial agreement is a legal document that married couples can use to determine how certain assets will be distributed if the marriage ends in divorce or death. Postnuptial agreements resemble prenuptial agreements, commonly called “prenups.” But while prenuptial agreements are signed before marriage, postnuptial agreements are signed after marriage.

West Virginia does recognize “separation agreements,” which are prepared in association with an imminent divorce. But there is little guidance from statutes or recent court cases regarding rules for postnuptial agreements for couples who are not planning to get divorced imminently. As a result, those considering a postnuptial agreement may want to consult with a local attorney.

Signing Requirements – No clear rule.


Marital Property: In cases where the parties have executed a separation agreement, a court shall divide the marital property following the terms of the agreement unless the court finds:

  1. That the agreement was obtained by fraud, duress, or other unconscionable conduct by one of the parties;
  2. That the parties in the separation agreement have been so unclear as to make the agreement unenforceable;
  3. That the agreement is so inequitable as to defeat the purposes of state law and that the agreement was inequitable at the time it was executed.

W. Va. Code Ann. § 48-7-102.