WVC 48 - 6 - 201
PART II. RELIEF BASED ON AGREEMENT.
§48-6-201. Effect of separation agreement.
(a) In cases where the parties to an action commenced under
the provisions of this chapter have executed a separation
agreement, if the court finds that the agreement is fair and
reasonable, and not obtained by fraud, duress or other
unconscionable conduct by one of the parties, and further finds
that the parties, through the separation agreement, have expressed
themselves in terms which, if incorporated into a judicial order,
would be enforceable by a court in future proceedings, then the
court shall conform the relief which it is authorized to order
under the provisions of parts 5 and 6, article 5 of this chapter to
the separation agreement of the parties. The separation agreement
may contractually fix the division of property between the parties
and may determine whether spousal support shall be awarded, whether
an award of spousal support, other than an award of rehabilitative
spousal support or spousal support in gross, may be reduced or
terminated because a de facto marriage exists between the spousal
support payee and another person, whether a court shall have
continuing jurisdiction over the amount of a spousal support award
so as to increase or decrease the amount of spousal support to be
paid, whether spousal support shall be awarded as a lump sum
settlement in lieu of periodic payments, whether spousal support
shall continue beyond the death of the payor party or the
remarriage of the payee party, or whether the spousal support award shall be enforceable by contempt proceedings or other judicial
remedies aside from contractual remedies.
(b) Any award of periodic payments of spousal support shall be
deemed to be judicially decreed and subject to subsequent
modification unless there is some explicit, well expressed, clear,
plain and unambiguous provision to the contrary set forth in the
court-approved separation agreement or the order granting the
divorce. Child support shall, under all circumstances, always be
subject to continuing judicial modification.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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