Wyoming Marital Settlement Agreement
A Wyoming marital settlement agreement lets divorcing spouses divide their marital property and debts, set spousal support, and address custody and child support, then have those terms approved and incorporated into the divorce decree. Attorney review available.
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Introduction
Wyoming lets the divorce court divide any property either spouse owns as appears just and equitable, weighing even the respective merits of the parties, and a marital settlement agreement is the written contract divorcing spouses use to settle how their property, debts, spousal support, and (by reference) custody and child support will be handled, so the terms can be approved and incorporated into the decree that ends the marriage. Wyoming is an equitable-distribution state, and an all-property state: in granting a divorce the court makes the disposition of the property of the parties as appears just and equitable, having regard for the respective merits of the parties, the condition in which they will be left by the divorce, the party through whom the property was acquired, and the burdens on the property (Wyo. Stat. 20-2-114). Equitable means fair, not necessarily an equal 50/50 split, and the court may divide any property either spouse owns. A Wyoming marital settlement agreement lets you set that division yourselves instead of leaving it to the judge. Wyoming has no statewide formula for spousal support; under the same statute the court may decree reasonable alimony out of the estate of the other spouse, having regard for that spouse ability to pay, and an alimony award can later be revised (Wyo. Stat. 20-2-116). Custody and child support follow Wyoming's presumptive child support guideline (Wyo. Stat. 20-2-304), stay subject to court approval, and remain modifiable, so an agreement cannot bargain them away. Wyoming is a no-fault state; divorce is granted on irreconcilable differences (Wyo. Stat. 20-2-104) once a residency requirement is met (Wyo. Stat. 20-2-107). DocDraft builds your Wyoming marital settlement agreement from your facts, with attorney review available before you sign.
Key Things to Know
- 1
Wyoming grants divorce on the no-fault ground of irreconcilable differences in the marital relationship (Wyo. Stat. 20-2-104), and a marital settlement agreement is the written contract divorcing spouses use to settle property and debt division, spousal support, and by reference custody and child support, so those terms can be approved and incorporated into the decree that ends the marriage.
- 2
Wyoming is an equitable-distribution state, not a community property state. In granting a divorce the court makes the disposition of the property as appears just and equitable (Wyo. Stat. 20-2-114), which means fair, not necessarily an equal 50/50 split.
- 3
Wyoming is an all-property state: the court may divide any property either spouse owns, including property acquired before the marriage, when it decides what is just and equitable. A marital settlement agreement lets the spouses set that division themselves.
- 4
Wyoming has no statewide formula for spousal support. Under Wyo. Stat. 20-2-114 the court may decree reasonable alimony out of the estate of the other spouse, having regard for that spouse ability to pay, and an alimony award may later be revised (Wyo. Stat. 20-2-116).
- 5
Child support follows Wyoming's presumptive child support guideline (Wyo. Stat. 20-2-304), an income-shares model, and that amount is rebuttably presumed correct (Wyo. Stat. 20-2-307); custody and child support stay court-approved and modifiable and cannot be bargained away.
- 6
Wyoming is a no-fault state: divorce is decreed on the ground of irreconcilable differences in the marital relationship (Wyo. Stat. 20-2-104). One party must have resided in Wyoming for at least sixty days before filing the complaint (Wyo. Stat. 20-2-107).
- 7
A Wyoming marital settlement agreement should be in writing and signed by both spouses. No Wyoming statute requires notarization of the agreement; the court reviews the signed agreement and, if it approves the terms, incorporates them into the decree so they become enforceable court orders.
Key decisions before you file
Before you file a Marital Settlement Agreement in Wyoming, a few decisions shape the document: which option to choose and what each one means. The Marital Settlement Agreement guide walks through them.
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Wyoming Requirements for Marital Settlement Agreement
Equitable Distribution, Not Community Property
Wyoming is an equitable-distribution state. In granting a divorce the court makes the disposition of the property of the parties as appears just and equitable (Wyo. Stat. 20-2-114). Equitable means fair, not necessarily an equal 50/50 split.
All-Property State
Wyoming is an all-property state, so the court may divide any property either spouse owns, including property acquired before the marriage, when it decides what is just and equitable. A Wyoming marital settlement agreement lets the spouses set the division themselves.
No Statewide Spousal Support Formula
Wyoming has no statewide formula for spousal support. Under Wyo. Stat. 20-2-114 the court may decree reasonable alimony out of the estate of the other spouse, having regard for that spouse ability to pay. An alimony award may later be revised by the court (Wyo. Stat. 20-2-116).
Child Support Follows the Guideline
Child support follows Wyoming presumptive child support guideline (Wyo. Stat. 20-2-304), an income-shares model. That amount is rebuttably presumed to be correct (Wyo. Stat. 20-2-307), and a court may deviate only with specific written findings. Child support cannot be bargained away.
Custody and Child Support Stay Modifiable
Custody and child support terms in a Wyoming marital settlement agreement remain subject to court approval and can be modified later on a showing of a material change in circumstances in the best interests of the children. These terms are never fixed the way a property division can be.
No-Fault Ground and Residency
Wyoming is a no-fault state: divorce is decreed on the ground of irreconcilable differences in the marital relationship (Wyo. Stat. 20-2-104). One party must have resided in Wyoming for at least sixty days before filing the complaint (Wyo. Stat. 20-2-107).
In Writing and Signed
A Wyoming marital settlement agreement should be in writing and signed by both spouses. No Wyoming statute in the divorce chapters requires notarization of the agreement, but signing before a notary can help prove the signatures are genuine and voluntary.
Court Approval and Incorporation
The spouses present the signed agreement to the district court, which reviews the terms and, if it approves them, incorporates the agreement into the decree of divorce so the terms become enforceable court orders. A court is never required to approve the agreement.