DOMESTIC RELATIONS LAW COMMITTEE

Ohio’s legislature recently passed Senate Bill 210. This bill will be effective April 1, 2023. The bill will allow spouses to engage in a postnuptial agreement. Prior to SB 210, prenuptial agreements (also called antenuptial agreements) were recognized, but if spouses attempted to enter into a contract after they were married and before deciding to separate, it was invalid on its face. Now, spouses can both create new agreements and modify or terminate a previously executed prenuptial agreement. Under this law, a postnuptial agreement is generally held to the same standard as a prenuptial agreement. I.e., it must be in writing, signed by both parties, entered into freely without duress, fraud, coercion, or overreaching. Further, the spouses must fully disclose to one another the nature, value, and extent of property they each have. Finally, the agreement must not promote or encourage divorce or profiteering from divorce.