As of March 23, 2023, postnuptial agreements are legally valid and enforceable in Ohio. Ohio has long recognized prenuptial agreements, but it had resisted the addition of postnuptial agreements, which were embraced by other states.
Much like prenuptial agreements, the postnuptial requires the following minimum standards: (i) agreement in writing and signed by both spouses; (ii) an agreement entered into freely without fraud, duress, coercion, or overreaching; (iii) must be negotiated with full disclosure or full knowledge and understanding of the nature, value, and extent of the property of both spouses; and (iv) the terms may not promote or encourage divorce or profiteering by divorce.
This is a positive development for Ohioans. Provided an agreement meets the statutory requirements, it should allow married couples to better plan for unique or unusual estate planning situations. Whereas in the past, second marriages almost always required trust planning, postnuptial agreements now give estate planners another tool.
If you need a postnuptial agreement or just want to learn more, please contact an attorney at Pickrel, Schaeffer & Ebeling for a consultation at 937.223.1130 or jclough@pselaw.com.
