Pre-nuptial agreements are for “before” a marriage. They are also known as “pre-marital” agreements. Post-nuptial agreements are for agreements made “after” the marriage, in other words, during the marriage. Up until 2023 post-nuptial agreements were not permitted to be entered into in Ohio. In 2023 the Ohio Legislature approved of post-nuptial agreements.
Post-nuptial agreements, may nullify or amend pre-nuptial agreements, or create totally new obligations through agreements regarding anything which was covered in a pre-nuptial agreement or anything provided for by law even if there has been no pre-nuptial agreement. Issues and rights or obligations which may be covered (created, changed or deleted) in a post-nuptial agreement include but are not limited to rights to earnings from during the marriage or due to marital efforts; obligations and rights regarding spousal support or alimony; and even allocation of marital or pre-marital property and debt.
If you are interested in possibly entering into a post-nuptial agreement a consultation with, and working with, an experienced family law attorney would be advisable. In entering into a post-nuptial agreement it would be advisable for both parties to consult with and work with their own attorneys (as is true in relation to entering into pre-nuptial agreements).
At The Law Offices of William L Geary, Co., L.P.A. we are experienced in pre-nuptial and post-nuptial advising, creation and review. Contact us today at (614) 289-1227 to schedule a consultation!
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