West Virginia Code § 48-6-201

Effect of separation agreement
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(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 condeuct 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 ordrer, 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 twhether 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 sLubsequent 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.

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