When former spouses try to work together after a dissolution, it’s very common for new understandings to form over time. Maybe you trade weekends, agree to push back a support payment, or work out a new pickup routine that fits everyone’s schedule. These agreements often happen in the moment and feel practical and cooperative. But the important question is whether those verbal promises carry any legal weight in Ohio once your dissolution is final.
As a family law firm serving West Chester and the surrounding communities, we see this situation come up more often than people expect. The short answer is that verbal agreements might help keep daily life running smoothly, but they’re rarely enforceable. If a disagreement arises later, the court will look at the written separation agreement you signed during the dissolution—not any conversations you had afterward. That’s why understanding how Ohio courts view verbal agreements is essential for protecting yourself, your children, and your long-term stability.
The Legal Weight of the Written Separation Agreement
In Ohio, the separation agreement you signed and the court approved is the controlling document. It outlines each person’s rights and responsibilities regarding parenting time, support, property division, and any other issues resolved in the dissolution. Once the judge signs that agreement, it becomes a binding court order.
Because of that, Ohio courts almost never recognize verbal changes made after the dissolution. Even if both of you casually follow a new arrangement for months, the court still treats the original written agreement as the only enforceable source of truth. This means a verbal promise about child support, parenting time, or property obligations generally cannot override what the written order says.
This becomes especially important when one person decides to step away from the verbal understanding. If your former spouse stops following the informal plan, the court will only enforce what appears in the written agreement. The law places heavy weight on written, court-approved terms, and verbal agreements simply don’t meet that standard.
When Verbal Agreements May Still Matter
Even though verbal agreements are not enforceable as legal modifications, they often play a practical role in everyday life. Parents might verbally swap weekends. Someone might agree to push back a payment by a few days because of an emergency. These small accommodations can help maintain a peaceful post-dissolution relationship.
However, these verbal arrangements should be understood for what they are: temporary, cooperative deviations from the official agreement. They are not legally binding or guaranteed. If a disagreement arises later—for example, if someone denies making a verbal promise or claims they were pressured into it—the court will not step in to enforce what was said informally.
This is why these agreements can become risky over time. What feels friendly and fair in the moment can lead to confusion, misunderstandings, or accusations later. People sometimes assume the other party will honor a verbal understanding indefinitely, only to find themselves without legal recourse when things change.
How to Make Modifications Legally Binding
If you and your former spouse want to change the terms of your separation agreement in a way that will hold up in court, you must formalize those changes in writing. Ohio allows modifications, but only if they follow the proper legal process.
One option is to create a written modification signed by both parties and submitted to the court for approval. Another option is to file a motion asking the court to update the order. The right approach depends on the type of change you need, whether both parties agree, and whether the court must review the issue—especially in matters involving child support or custody.
What matters most is creating a clear written record and ensuring the court enters the new terms as part of the official order. Without this step, no modification—no matter how clearly discussed—will be enforceable.
If you do reach an informal understanding while you’re working toward a formal update, make sure to document everything. Write down dates, the details of the agreement, and any messages exchanged about it. Documentation won’t turn the verbal agreement into a legally binding modification, but it can help clarify the timeline and intentions if a dispute later arises.
Risks of Relying on Verbal Agreements
Because verbal agreements do not legally change your dissolution order, relying on them can create significant risks. One of the biggest problems is the lack of legal recourse. If the other person suddenly stops following the verbal agreement, you cannot enforce it. The only enforceable terms are those in your original written separation agreement or any later written and court-approved modification.
Relying on verbal agreements can also lead to conflict. Something as simple as a misunderstood weekend swap can escalate into a serious disagreement when both sides believe they’re “right.” Informal changes may also cause confusion months later if someone forgets what was said or remembers the details differently.
Finally, there’s the risk of reversal. If the court finds that someone acted outside the written agreement for too long—such as repeatedly accepting a lower support amount—it might create complications. While the court will not enforce the verbal agreement itself, the history of informal behavior can come into play, sometimes in unexpected ways. That’s why it’s always safer to keep the written agreement as the foundation for your decisions.
FAQ Section
Can I enforce a verbal custody change after a dissolution?
No. Parenting time and custody arrangements must be modified through the court. A verbal understanding might work temporarily, but it will not be enforceable if the other parent stops following it. Only a written, court-approved modification can change your custody order.
What if my ex and I agreed to a new support amount?
Verbal changes to child support or spousal support are not enforceable in Ohio. Support must be changed through a formal modification. If you’ve been paying or receiving a different amount based on a verbal agreement, that amount is not legally recognized, and the original written support order still controls.
Do we need to go back to court for every small change?
Not necessarily. Many families adjust schedules informally for convenience. The key is understanding that informal changes are temporary and not enforceable. If a change becomes long-term or affects your rights or finances, it should be formalized through a written modification.
When in doubt, put it in writing and file it properly. Clear documentation protects both sides and prevents small misunderstandings from turning into major disputes. At Garretson & Holcomb, LLC, we help families in West Chester Township take these steps correctly so they can move forward with confidence. If you’re unsure how to handle a verbal agreement or whether you need a modification, we’re here to guide you. You can reach us at (513) 863-6600.
