For decades, married couples in Ohio had limited options when it came to modifying financial arrangements after marriage. Prenuptial agreements were recognized, but postnuptial agreements—contracts made between spouses after the wedding—were largely prohibited. That changed in 2023 when the Ohio legislature amended Ohio Revised Code §3103.06, opening the door for couples to create enforceable postnuptial agreements. This shift represents a significant development in Ohio family and business law, particularly for couples managing assets, businesses, or changing financial circumstances.

At Lardiere, McNair & Stonebrook, Domestic law and pre/post marital agreements are a significant part of our practice. Our domestic attorneys have many years of experience and are ready to assist you in establishing or modifying your marital agreements.  

What Ohio Revised Code §3103.06 Allows

Under Ohio Revised Code §3103.06, spouses may now enter into contracts that alter their legal relationship with one another. Specifically, the statute allows married couples to:

• Enter into a postnuptial agreement that changes their legal or financial rights.
• Modify or terminate an existing prenuptial or postnuptial agreement.
• Agree to an immediate separation and establish terms for property division and support. 

These agreements must comply with Ohio Revised Code §3103.061, which requires that the agreement be in writing and signed by both spouses, entered into voluntarily, and based on full financial disclosure. The terms also cannot promote or encourage divorce. 

This statutory framework aligns Ohio with most other states that already recognize postnuptial agreements. Historically, Ohio law prohibited spouses from contracting to change their legal relationship after marriage, except in limited circumstances involving separation agreements. The earlier version of §3103.06 dated all the way back to 1953 and explicitly excluded such contracts between spouses. 

Senate Bill 210 took effect in March of 2023, and modernized this law, formally recognizing postnuptial agreements. Lawmakers noted that the change gives married couples flexibility to adapt to evolving financial and personal circumstances. 

Why Postnuptial Agreements Are Becoming More Popular

Since the statutory change, postnuptial agreements have gained attention among legal and business professionals for several reasons.

1. Business Ownership Protection

Entrepreneurs who start or acquire a business after marriage may want to clarify ownership interests and prevent future disputes. A postnuptial agreement can define how business assets would be handled in the event of divorce or separation.

2. Changing Financial Circumstances

Couples often experience major financial shifts after marriage—such as inheritances, new investments, or career changes. Postnuptial agreements allow spouses to reorganize financial arrangements to reflect these developments.

3. Asset and Estate Planning

Postnuptial agreements can complement estate planning strategies by clarifying asset distribution and protecting family wealth, particularly in blended families or second marriages.

4. Marital Reconciliation

In some cases, couples use postnuptial agreements as part of reconciliation efforts after financial disputes or marital challenges. The agreement can establish financial transparency and restore trust.

Business Implications for Professionals

For business owners, investors, and professionals in Ohio, the legalization of postnuptial agreements introduces an important planning tool. Financial interests developed during marriage, especially privately held businesses, can now be addressed proactively rather than waiting for potential litigation.

Attorneys and financial advisors are increasingly recommending that couples consider postnuptial agreements when major financial changes occur. This proactive approach can reduce uncertainty and protect both marital and business interests.

For assistance creating prenuptial or postnuptial agreements, contact us at 614-534-1355 to schedule a consultation with one of our attorneys. We look forward to speaking to you. 

Marisa Ray-Gooden is a Paralegal at Lardiere McNair & Stonebrook, Ltd., LPA.

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