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Prenuptial Agreements

Can You Create a Prenup After a Marriage Begins in Ohio?

Amid engagement bliss, many couples tend to forget about the myriad issues that can arise once the union is official. This is why prenuptial agreements can be so beneficial. They’re created before a couple marries to differentiate and settle the parties’ assets and affairs in the event of future death, separation or divorce.

Postnuptial Legality in Ohio

Postnuptial agreements are similar but are formalized after the marriage begins. Prenuptial and postnuptial agreements address various concerns regarding financial issues, property division, certain divorce circumstances, and much more. While prenuptial agreements are permitted in all fifty states, Ohio does not allow postnuptial agreements.

According to Ohio Rev. Code Ann. § 3103.06, married couples may only contractually alter their marriage through the process of divorce, dissolution, or legal separation. This is essentially a physical separation of the parties. Because postnuptial agreements involve a contractual alteration of the relationship without separating, they are not permitted in Ohio.

Prenuptial agreements, however, are permissible because they precede the legal marriage.

Although some see Ohio’s rejection of postnuptial agreements as an encouragement of divorce, many couples find prenuptial agreements strengthen their relationship with their spouse by forcing open and honest communication before the union begins. Resolving these concerns serves to make the marriage better and create clear expectations for unforeseen circumstances down the road.

What to Include in an Ohio Prenup

If you’re considering a prenup, the opportunities are almost limitless for what you can include. Typical things include the division of money, property, businesses, and particular assets realized before the marriage. These agreements are also a great time to discuss how income and other benefits should be divided in a future divorce.


Of course, a proper prenuptial agreement starts with the right legal team to help meet your needs and goals. Clients across Warren and Butler counties trust Garretson & Holcomb, LLC with that exact responsibility. Call (513) 863-6600 to learn more.

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