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Updated August 07, 2023

An Ohio separation agreement is a contract that can be used to help married couples who no longer wish to live together as spouses establish how their property will be divided, what level of spousal and child support will be required, and more.

In Ohio, separation agreements are contracts formed between private persons but can be submitted to a court if the couple wants to pursue a legal separation.

The agreement can later be adapted into a divorce decree if the couple chooses.

Is a Separation Agreement Legal in Ohio?

Yes, couples can create private separation agreements with binding terms regarding spousal support. If they seek legal separation with a court, they can create agreements covering other areas. Separation agreements are also a requirement if the couple later wishes to get divorced.

Sources: § 3103.06, § 3105.63

Legal Separation Requirements

Filing Fee: Varies; for example, in Cuyahoga County the fee is $200, while the fee Warren County depends on whether or not the couple has children
Residency: One or both spouses must have been a resident for at least six months leading up to the filing of the petition (§ 3105.62)
Where to File: With the Court of Common Pleas for the county where at least one spouse resides