What Is An Ohio Postnuptial Agreement?
An Ohio postnuptial agreement helps married couples decide how to manage money and property if the marriage ends. It’s signed by couples after they’re already married, which makes it the opposite of a prenuptial agreement. Ohio has only allowed postnups since the passage of Senate Bill 210 on March 23, 2023.
Without a postnup, couples are generally subject to the court’s equitable distribution of marital property under OH Rev Code § 3105.171. They’re also subject to spousal support provisions under OH Rev Code § 3105.18. If your preferences are different, it may make sense to write a postnup.
How to Write a Postnuptial Agreement in Ohio
Our Ohio postnuptial agreement form includes the following elements to ensure you make a valid contract. Follow the instructions below to write a form that reflects your and your spouse’s intentions.
- Identifying information: State both spouses’ names and other identifying information.
- Background details: Include details about prior marriages. Name any children from before or during the marriage.
- Property classification: Define how you’ll classify property acquired before and during the marriage. Identify it as individual or shared marital property.
- Division of property: State how you plan to divide all marital property if the marriage ends. If you don’t specify, Ohio courts generally follow equitable distribution rules.
- Division of business property: If either spouse owns a business or if you own one together, outline how to divide any increase in its value during the marriage.
- Debt responsibility: Outline each spouse’s responsibility for shared and individual debts if the marriage ends.
- Tax filing: State whether you and your spouse will file income taxes jointly or separately.
- Household expenses: Explain each spouse’s responsibility for household expenses during the marriage.
- Marital home: Confirm how you’ll handle the house in the event of a divorce.
- Pet custody: Decide who will retain custody or have visitation rights for any pets acquired.
- Spousal support: Clarify whether either spouse will be responsible for the payment of spousal support in the event of a divorce. Without a postnup, alimony will be awarded per OH Rev Code § 3105.18.
- Disability or death: Outline what each spouse’s duties would be if one of you becomes disabled or passes away.
- Dispute resolution: Decide how you’ll handle disagreements about the terms of your postnup. Standard options include mediation, arbitration, or litigation.
Sample Ohio Postnuptial Agreement
View a free Ohio postnuptial agreement template to learn its key elements. Then, create your own using our document editor and download the final version in PDF or Word format.
Legal Requirements and Considerations for Ohio Postnups
Spouses must comply with the rules under OH Rev Code § 3106.061 to enter into an Ohio postnup. Below are some additional factors to consider to make it enforceable.
Signing Requirements
Per OH Rev Code § 3103.061(A), the postnup must be in writing and signed by each spouse. You can also have an Ohio notary public complete an acknowledgment form. While having the agreement notarized isn’t necessary, it can establish the authenticity of each spouse’s signature. It can also help prove the signing was voluntary.
Financial Disclosure
Before signing a postnup in Ohio, spouses must provide each other with a financial disclosure. This disclosure must cover the nature, value, and extent of each other’s property.
Excluded Terms
Courts in Ohio will not enforce certain excluded terms in a postnup because they violate public policy. For example, you cannot enforce any provisions related to child support, custody, or visitation. The Ohio judicial system has the sole authority to decide these terms. They will base their decisions on the parents’ incomes and the best interests of the children under OH Rev Code § 3119.02. In OH Rev Code § 3106.061(D), the state also prohibits a postnup from promoting divorce.
Note: OH Rev. Code 3103.06(3), the parties can agree to a separation, and in that agreement, they may make provisions for the support of minor children.
Attorney Representation
Ohio does not require spouses to seek attorney representation before signing a postnup. However, the presence of counsel can support the fairness of an agreement.
Validity & Enforceability
Spouses can classify and exclude their assets in a postnup from the equitable distribution process under OH Rev Code § 3105.171. This means it will not be subject to the state’s default property distribution laws in the event of a divorce.
A court will not enforce a prenup if a spouse can prove they signed under duress. Other grounds for invalidating a postnup include fraud, coercion, lack of asset disclosure, or overreaching under OH Rev Code § 3106.061(B).
Contracts in Marriage
OH Rev Code § 3103.05 allows spouses to enter into contracts between themselves or with third parties. However, contracts that alter the legal relations between spouses must comply with OH Rev Code § 3103.061.
