You did not get married expecting to worry about asset protection. At the time, the focus was on building a life together, not planning for what might happen if things changed. Years later, life looks different. Your financial picture is more complex than it was on your wedding day.
Until recently, Ohio couples had limited options after marriage. That changed on March 23, 2023, when postnuptial agreements became legally valid and enforceable in the state. For many married couples, especially those with significant or evolving assets, this opened the door to clarity that did not exist before.
As an experienced Toledo, Ohio divorce attorney, I can help you understand what this means. If you’re married but worried about what will happen to your assets if you end up divorced, here’s something you may not know: you can protect your interests with a postnuptial agreement.
Marriage is not static, and neither is your financial life. Many couples enter marriage with modest assets, only to see their situation change dramatically over time.
A small business may turn into a major source of income. One spouse may receive an inheritance from a parent or grandparent. Stock options, real estate investments, or professional practices may grow in value. Sometimes one spouse steps back from a career to support the household or the other spouse’s professional goals.
Without clear agreements in place, these changes can blur the lines between separate and marital property. Ohio law has default rules, but those rules do not always reflect your reality.
If you did not sign a prenuptial agreement, or if your prenup no longer fits your circumstances, asset protection can feel uncertain. Even with a prenuptial agreement, major life changes can create gaps that were never addressed. This uncertainty is what leads many couples to explore postnuptial agreements.
Most couples do not pursue a postnuptial agreement because they are planning to divorce. They do it to avoid chaos if things ever reach that point.
Without a postnuptial agreement, property division during divorce can become contentious. Valuing businesses, tracing inheritances, and separating assets takes time and money. Disputes can drag on, increasing legal fees and emotional stress.
For high-net-worth couples, the stakes are even higher. Complex asset portfolios invite disagreement. One spouse may believe an asset should remain separate, while the other sees it as shared. Without clear documentation, those disagreements are left to negotiation or court decisions.
Even couples who generally agree can find themselves overwhelmed by the process. Divorce already carries emotional weight. Financial uncertainty adds another layer of strain.
A postnuptial agreement reduces that risk by setting expectations while the relationship is stable. It creates a roadmap that both spouses understand and agree to in advance.
A postnuptial agreement is a written contract after marriage that outlines how assets, debts, and financial responsibilities will be handled in the event of divorce. In Ohio, these agreements became enforceable on March 23, 2023, provided they meet the legal requirements.
A valid postnuptial agreement has to be voluntary. Both spouses must fully disclose their finances. The terms must be fair at the time of signing. Each spouse should have the opportunity to seek independent legal advice.
Postnuptial agreements can address a wide range of issues. They can clarify what remains separate property. They can outline how future income or business growth will be treated. They can define responsibility for debts or protect inheritances intended for children or extended family.
You may want to consider a postnuptial agreement if your financial situation has shifted significantly since marriage. This often includes starting or expanding a business, receiving a substantial inheritance, or acquiring valuable property.
Postnuptial agreements are also useful when one spouse takes on financial risk that could affect the household. Business ventures, professional liability exposure, or large investments can put shared assets at risk without proper planning.
Some couples use postnuptial agreements to update or reinforce older prenuptial agreements. If a prenup was signed years ago, it may no longer reflect current realities. A postnup can clarify or supplement those terms.
Businesses, professional practices, and investment portfolios do not divide neatly. Without planning, asset division can disrupt operations or force liquidation.
A postnuptial agreement can outline how a business will be valued and treated if you get a divorce. It can protect ownership interests while still addressing fairness for both spouses.
Family inheritances are another common concern. Many people want to preserve inherited assets for children or future generations. A postnup can clearly identify these assets and prevent disputes over whether they became marital property.
Real estate holdings also benefit from clear agreements. Rental properties, vacation homes, and land investments often carry both emotional and financial value. Defining ownership and responsibility reduces uncertainty.
Financial growth and change can be positive, but they also introduce new risks if left unaddressed. A postnuptial agreement lets you define expectations, protect assets, and reduce future conflict.
If you are considering a postnuptial agreement or want to understand how Ohio’s updated law affects your current situation, contact my office today to discuss a plan that protects what you have worked hard to build. As an experienced Toledo, Ohio divorce attorney, I can help you move forward with clarity.