Wyoming Prenuptial Agreements
Looking for a Wyoming prenuptial agreement? Here’s what to know for enforceability and how to get started.
Wyoming prenup basics
In Wyoming, prenuptial agreements (or “antenuptial agreements” as Wyomingites call them) can serve as a valuable tool for couples planning their marriage. The Supreme Court of Wyoming has stated that the purpose of prenups is “to define and fix respective property rights of spouses before marriage.” Lund v. Lund, 849 P.2d 731 (Wyo. 1993).
These agreements, signed before the wedding, lay out how assets, income, and debts will be handled in the event of a divorce or death. There are also other topics you may be able to cover, such as tax filing, insurance, engagement ring ownership, and more. Wyoming prenups are governed by Wyoming case law (instead of by state statute), which means that court decisions lay out the rules for how to construct and enforce prenups.
What makes a prenup valid and enforceable in Wyoming
So, what do you need to do to make a prenup enforceable in the great state of Wyoming? Wyoming case law carves out the requirements and things to avoid when crafting your prenuptial agreement. Let’s dive in:
Requirements:
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- The contract must be in writing
- Make sure both parties sign it
- Both parties understandingly and freely entered into the agreement
- The agreement is fair and equitable
- Both partners provide financial disclosure of all assets
- There was no duress, fraud, or overreaching in the execution of the agreement
Can not include:
-
- Oral agreements (courts typically won’t enforce an oral prenup)
- Evidence of fraud or deceit in signing the agreement
- One party not voluntarily entering into the agreement
- Lack of financial disclosure or knowledge of the other partner’s finances
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Is Wyoming the right state to choose?
Deciding which state’s laws should govern your prenup can be tricky, especially if you and your partner have connections to multiple states. Factors like living in different states, future relocation plans, or owning property in multiple locations can add to the complexity.
Generally, it’s advisable to choose the state where you intend to live as a married couple. This is known as “choice of law” and will generally determine which state’s laws will be used to enforce your prenuptial agreement should a divorce occur. If you’re unsure, consulting with an attorney is highly recommended to navigate this important decision.
Do I need a lawyer in Wyoming for my prenup?
While Wyoming law recognizes the validity of prenuptial agreements and generally treats them like other contracts, it doesn’t explicitly mandate that each party have their own attorney. This suggests that seeking independent legal advice, while strongly recommended, isn’t a strict legal requirement for a prenuptial agreement to be enforceable in Wyoming. Seherr-Thoss v. Seherr-Thoss, 141 P.3d 705 (2006).
Default laws on property division in Wyoming
Without a prenup, a Wyoming court will divide a divorcing couple’s assets through the framework of “equitable distribution” which means assets will be divided equitably, not always 50/50. This means, if you get a divorce without a prenup in Wyoming, a judge will look at the list of statutory factors listed out below to determine how to split up your assets. These are the factors listed out in Wyo. Stat. § 20-2-114 for property division in a divorce:
Just and Equitable:
The overall goal of the court is to divide property in a way that is fair and reasonable.
Length of Marriage:
How long the marriage lasted will be something a court will take into consideration when dividing the property of a divorcing couple.
Contributions of Each Spouse:
The court looks at each spouse’s contributions to the marriage, both positive and negative. This can include things like financial contributions, homemaking, childcare, etc.
The Merits of Each Spouse:
A court can consider the “merits” of each party, which means the “goodness” or “deservedness” of each spouse. Johnson v. Johnson, 458 P.3d 27 (2020).
Condition After Divorce:
The court considers the financial situation each spouse will be in after the divorce.
Property Acquisition:
The court looks at how the property was acquired. Was it inherited, gifted, purchased by one person, purchased by both, etc.
Burdens on Property:
The court considers any burdens or debts associated with the property, such as mortgages or liens.
Children’s Needs:
If there are children, the court will consider their needs when dividing property, especially in terms of providing for their housing and support.
In addition, there is no specific weight given to any one of the above factors. The Wyoming court has discretion to make this decision on a case-by-case basis. WITH a prenup, you can pre-determine how your assets will be divided instead of leaving it up to the court to decide.
Default laws on alimony in Wyoming
The purpose of alimony in Wyoming is “to provide a post-divorce substitute for the support provided to a spouse during the marriage when the spouse is unable to adequately provide for herself.” Hyatt v. Hyatt, 540 P.3d 873 (2023). Without a prenup, how alimony is awarded is governed by Wyo. Stat. § 20-2-114, which explains that a Wyoming court can decide to give one spouse alimony from the other spouse’s money or property. When making this decision, a Wyoming court will consider how much the paying spouse can afford. The court can also give one spouse the right to use some of the other spouse’s property, or even order a specific amount of money to be paid.
How to end a marriage in Wyoming
To get a divorce in Wyoming, you or your spouse must meet one of these two requirements:
60-Day Residency:
At least one of you needs to have lived in Wyoming for 60 days before filing for divorce.
Wyoming Marriage and Continuous Residency:
If you got married in Wyoming, one of you must have lived in the state continuously from the wedding day until filing for divorce. (Wyo. Stat. § 20-2-107).
Wyoming is a no-fault divorce state, which means you cannot argue your spouse “did something wrong” when filing for divorce (such as adultery). Instead, a person filing for divorce in Wyoming only need to prove that “irreconcilable differences” exist in the marriage to obtain a divorce. (Wyo. Stat. § 20-2-104).
Important Wyoming case law
“Case law” is simply the collection of past court decisions that lawyers use to interpret and apply legal principles. In Wyoming, since there’s no specific statute about the creation and enforcement of prenuptial agreements, these court rulings play a crucial role in shaping how prenups are governed. Let’s explore what Wyoming courts have had to say on this important topic.
The landmark case on prenups in Wyoming
This landmark Wyoming case (Laird v. Laird) involved a couple who married after living together for three years. The wife had an antenuptial contract (i.e., a prenup) prepared, and the husband signed it without fully reading it, relying on her explanation that it only dealt with inheritance in the event of death. The marriage ended in less than a year, and the husband challenged the validity of the prenup.
The court held that the prenup was valid and enforceable, stating that the husband’s failure to read the contract did not invalidate it. The court also found no evidence of fraud or deceit on the part of the wife, and that the husband had been aware of her wealth before signing the agreement (i.e., financial disclosure was not an issue here).
The importance of clarity in a Wyoming prenup
In this case, a husband and wife entered into a prenup that stated husband would pay wife $10,000 each year of their marriage for several years, so long as they remained married, and no alimony would be paid. In addition, the contract stated that each party’s interest in property is proportional to their contribution to its acquisition.
During the marriage, no $10,000 payments were made. In addition, husband bought a house in Arizona with his own funds and later deeded it to her as husband and wife, as their community property with the rights of survivorship.
Wife argues to throw out the prenup
When the couple divorced after 3.5 (or so) years of marriage, the wife argued that since he didn’t make the $10,000 annual payments, he materially breached the terms of the contract and, thus, the contract is invalid and the terms of the prenup no longer bind her. In addition, she argued that she was owed a portion of the sale from the Arizona house because he gifted it to her through the deed.
Court’s ruling
However, the court disagreed with her on these arguments. First, because she didn’t provide enough legal support for her claim that the agreement was invalid based on non-payment of the $10,000 gift. However, the court did order the husband to pay her the $10,000 per year for every year they were married.
In addition, the court explained that while adding a spouse’s name to a deed usually implies a gift, this presumption can be overturned if there’s evidence to the contrary. In this case, the court assumed the lower court had enough evidence to conclude the husband didn’t intend a gift.
Moral of the story?
This case highlights that (1) You can waive alimony in Wyoming in a prenup. (2) Even with a prenup, unspoken assumptions about property ownership can lead to disputes during a divorce. (3) It’s crucial to clearly outline all financial expectations and property rights in the agreement.
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The information on this page was last updated in August, 2024. HelloPrenup provides a platform for self-help. The information provided by Hello Prenup along with the content on our website related to legal matters (“Legal Information”) is provided for your private use and does not constitute legal advice. We do not review any information you provide us for legal accuracy or sufficiency, draw legal conclusions, provide opinions about your selection of forms, or apply the law to the facts of your situation. If you need legal advice for a specific problem, you should consult with a licensed attorney. Neither Hello Prenup nor any information provided by Hello Prenup is a substitute for legal advice from a qualified attorney licensed to practice in an appropriate jurisdiction.
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