Prenuptial and Postnuptial Agreements in West Virginia and Ohio

A prenuptial or postnuptial agreement is one of the most practical steps you can take to protect your financial interests before or during a marriage. Far from being a sign that a couple expects to divorce, these agreements provide clarity and certainty about financial matters that can prevent costly disputes if the marriage does end. At Klie Law Offices, our family law attorneys help clients throughout West Virginia and Ohio draft, review, negotiate, and enforce prenuptial and postnuptial agreements that are fair, thorough, and legally sound.

We serve clients from our offices in Buckhannon, Clarksburg, Morgantown, Parkersburg, and Canton, Ohio.

What Is a Prenuptial Agreement?

Prenuptial agreements are not just for the wealthy. They are valuable tools for anyone entering a marriage with assets they want to protect, debts they want to keep separate, children from a prior relationship, a business they want to shield from division, or specific expectations about financial responsibilities during the marriage.

What Can a Prenuptial or Postnuptial Agreement Cover?

These agreements can address a wide range of financial and property matters. Common provisions include the following.

Property Classification

One of the most important functions of a prenuptial agreement is defining which assets are marital property and which are separate property. This can prevent disputes during a divorce about whether a particular asset should be subject to equitable distribution. For example, the agreement can specify that property owned before the marriage, inheritances, and gifts remain the separate property of the receiving spouse, even if they would otherwise become commingled during the marriage.

Division of Property and Debts

The agreement can establish how marital property and debts will be divided in the event of divorce. This can include specific provisions about the marital home, retirement accounts, investment portfolios, business interests, and debts incurred during the marriage. Having these terms defined in advance can save enormous time and expense compared to litigating property division in a contested divorce.

Inheritance and Estate Planning

Prenuptial agreements can coordinate with estate planning objectives by specifying what each spouse will receive in the event of the other’s death. This is particularly important in second marriages where each spouse has children from a prior relationship and wants to ensure that their assets pass to their own children. The agreement can work in tandem with wills, trusts, and beneficiary designations to create a comprehensive estate plan.

What Cannot Be Included

There are limits to what a prenuptial or postnuptial agreement can cover. In both West Virginia and Ohio, these agreements cannot predetermine child custody or visitation arrangements, as these must be decided based on the best interests of the child at the time of the divorce. They also cannot set or waive child support, because child support is a right that belongs to the child and cannot be bargained away by the parents. Any provision that attempts to control custody, visitation, or child support will not be enforced by the court.