Updated March 22, 2023
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. Until recently, Ohio only permitted postnuptial agreements to be prepared by couples who are actively planning to get divorced, typically called separation agreements. However, after March 22, 2023, married couples may enter into a postnuptial agreement under the newly enacted Ohio Rev. Code Ann. § 3103.061.
Signing Requirements (R.C. § 3103.061) – Signed by both spouses. As an additional layer of validity, the spouses may sign the agreement before a notary public or two witnesses.
Under R.C. § 3103.06, by contract with one another, any couple in the State of Ohio may:
- Enter into a postnuptial agreement that alters their legal relations with each other;
- Modify or terminate an antenuptial or postnuptial agreement or any other agreement that alters their legal relations with each other;
- Agree to an immediate separation and determine the division of property and support of either of them and their children during the separation.