Legal Templates

Wyoming Postnuptial Agreement Template

Updated July 2, 2024
Written by Yassin Qanbar | Reviewed by Susan Chai, Esq.

A Wyoming postnuptial agreement is a legal document that defines property rights and obligations in the event of divorce or death between married partners.

Postnuptial agreements, unlike prenuptial agreements, are signed after marriage. They serve a similar purpose in estate planning, allowing couples to customize property distribution in divorce proceedings.

Legal Considerations

Title 20 covers domestic relations, including marriage agreements.

  • Signing Requirements: The agreement should be in writing with both parties’ signatures (Long v. Long (2018)).
  • Dividing Property: Equitable division.

Asset and Property Rights

Property Ownership

  • Property owned by a married person before or during marriage, acquired in good faith, remains their sole and separate property during marriage. It’s under their control, exempt from the spouse’s influence, and protected from the spouse’s debts unless acquired fraudulently. [1]

Capacity to Contract

  • Married individuals can transfer their separate property and make contracts as if unmarried, with obligations enforceable in the same manner. [2]

Marriage and Divorce

Separation Agreement

  • Parties anticipating immediate separation must distinguish between a postnuptial agreement and a separation agreement.  [3]
  • A husband and wife can write a legally binding separation contract. They can also petition a court when seeking judicial separation. As the judge decides on a parenting plan, child support, spousal support, and the division of property, they may reference a previously created separation contract. [4]

Spousal Support

  • The court can award reasonable alimony to either spouse from the other’s estate. The court considers the paying spouse’s ability to provide financial support. [5]

Estate Planning and Inheritance

Inheritance Rights

  • If a married individual deprives their surviving spouse of more than the elective share in their will, the surviving spouse can elect to take an elective share of the property as follows: [6]
    • One-fourth of the property if the surviving spouse isn’t a parent of any of the decedent’s descendants; or
    • One-half if the decedent has no surviving descendants.

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  1. § 20-1-201. https://casetext.com/statute/wyoming-statutes/title-20-domestic-relations/chapter-1-husband-and-wife/article-2-rights-and-liabilities/section-20-1-201-separate-estate-of-real-and-personal-property-not-subject-to-control-of-spouse-exceptions
  2. § 20-1-202. https://casetext.com/statute/wyoming-statutes/title-20-domestic-relations/chapter-1-husband-and-wife/article-2-rights-and-liabilities/section-20-1-202-rights-and-limitations-of-married-persons-incident-to-the-marriage-relationship
  3. Combs v. Sherry-Combs (1993). https://casetext.com/case/combs-v-sherry-combs
  4. § 20-2-106. https://casetext.com/statute/wyoming-statutes/title-20-domestic-relations/chapter-2-dissolution-of-marriage/article-1-in-general/section-20-2-106-judicial-separation-procedure-powers-of-court-defenses
  5. § 20-2-114. https://casetext.com/statute/wyoming-statutes/title-20-domestic-relations/chapter-2-dissolution-of-marriage/article-1-in-general/section-20-2-114-disposition-of-property-to-be-equitable-factors-alimony-generally
  6. § 2-5-101. https://casetext.com/statute/wyoming-statutes/title-2-wills-decedents-estates-and-probate-code/chapter-5-rights-of-surviving-spouse/section-2-5-101-elective-share-of-property
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Wyoming Postnuptial Agreement Template

The document above is a sample. Please note that the language you see here may change depending on your answers to the document questionnaire.

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