Are Postnuptial Agreements Legally Binding in Ohio?

Postnuptial agreements are unfortunately not valid in Ohio. However, prenups are as long as they are valid and legally binding.

When you’re getting married, you’re so thrilled that you’re not thinking about what could go wrong. In your mind, your marriage is going to last forever.

However, unfortunately sometimes people change and couples start to have problems. They may try counseling but ultimately decide that getting divorced is the right move for both of them. In the divorce, they want to protect their assets and ensure they can have a happy, productive life once they are single again. One of the ways to do this is to get a postnuptial agreement.

What Is a Postnuptial Agreement?

A postnuptial agreement is a legally binding document that is written and signed by both partners once they are already married. It’s like a prenup, except that it happens after the wedding. Partners who were not sure they wanted to get a prenup may want to get a postnup instead.

A postnuptial agreement and a prenup will detail things like who is responsible for the finances in the marriage and how assets are divided upon divorce. Both parties must agree to it and the documents need to be 100% accurate, or else they could be rendered invalid and not hold up in court.

Is a Postnuptial Agreement Legal in Ohio?

While valid prenups are legal and enforceable in Ohio, postnuptial agreements are not. This is because it could seem like a postnuptial agreement is encouraging a couple to get divorced. The only exception occurs when the parties are legally separated; then they can enter into some sort of agreement.

Getting Help With Your Marriage and Divorce

If you’re about to get married, you can reach out to an experienced family law attorney to help you and your partner write and sign a prenup. A lawyer can also help you if you want to get legally separated and write an agreement or you’re divorcing and need to protect yourself and your assets.


If you need representation, contact Richard P. Arthur, Attorney at Law, at 937-254-3738 for a consultation. He has nearly three decades of experience advocating for Dayton, Trotwood, and Montgomery County clients and he’s ready to assist you, too.