Ohio Postnuptial Agreement

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Updated August 07, 2022

Or use an attorney at ContractsCounsel to draft this agreement.

An Ohio postnuptial agreement is a legal document describing how a couple’s property will be distributed after a divorce. Postnuptial agreements differ from prenuptial agreements, which are signed before marriage and show how property will be distributed if the couple gets divorced.

Many states allow similar agreements to be signed after a couple is already married, but not Ohio: Ohio only permits postnuptial agreements to be prepared by couples who are actively planning to get divorced, typically called separation agreements. However, there is currently proposed legislation that would allow other types of postnuptial agreements.

Signing Requirements – Postnuptial agreements are not permitted, and there are no clear rules about whether separation agreements must be in writing.


Separation Agreements: A husband and wife cannot alter their legal relations by any contract, except that they may agree to an immediate separation and make temporary provisions for spousal and child support. Ohio Rev. Code Ann. § 3103.06

Prohibition: Ohio statutes prohibit postnuptial contracts made by parties that are not already planning to get divorced. Gomer v. Gomer (2017).