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.
Understanding Postnups in Wyoming
Case Law
- Creation: A postnuptial agreement is created when the parties execute an agreement after marriage, even if the agreement is negotiated and drafted before marriage.
- Separation Agreement: A postnuptial agreement must be distinguished from a separation agreement entered into by parties in anticipation of immediate separation or after separation.
- Encouraging Divorce: Unreasonable agreements encouraging divorce or contemplating separation in the future are void as against public policy.
§ 20-1-201 – Separate Property of Married Persons
- Ownership and Control: 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.
- Family Expenses: Family expenses and children’s education can be covered by both spouses’ property, subject to joint or separate lawsuits.
§ 20-1-202 – Rights and Limitations of Married Persons
- Transfer and Contracts: Married individuals can transfer their separate property and make contracts as if unmarried, with obligations enforceable in the same manner.
- Legal Proceedings: Married individuals can sue and be sued in matters related to their property, person, or reputation as if unmarried. Proceedings and judgments proceed similarly, with separate property liable for judgments but eligible for exemptions for heads of families.
- Liabilities and Marriage: Liability for debts existing before marriage without written assumption thereof doesn’t extend to the spouse. If liabilities exist upon marriage, judgments can be levied solely on acquired lands.
