Ohio: C
Statutes
Ohio Revised Code Section 3103.05, 3103.061, 3105.10
Separate Property
All assets can remain separate property, avoiding costly divorce settlements. Joint assets and debts titled in both names are split 50/50 as marital property.
Unconscionability at Execution AND Enforcement
Courts review unconscionability at execution (signing) AND enforcement (divorce), meaning changed circumstances during marriage can invalidate spousal support terms.
Unconscionability Standard – Three Prong Test
A prenup is invalid if: (1) not entered into freely without fraud, duress, coercion or overreaching; OR (2) without full disclosure or full knowledge of the other's property; OR (3) the terms promote or encourage divorce. Only one prong is needed to invalidate the prenup. Courts may refuse to enforce substantially one-sided or grossly unfair agreements.
Spousal Support Public Assistance Minimum
Complete waivers of spousal support are permitted, but courts can modify alimony provisions if unconscionable at the time of divorce due to changed circumstances during marriage. Public assistance is the practical minimum, though courts may order higher alimony. There is no bright-line test.
Timing
No statutory deadline exists, but we recommend signing 60+ days before the wedding with 2-3 weeks review time to reduce challenge risk. Reach out to an attorney 4-6 months before the wedding.
Independent Counsel
Not required if waived in writing. However, independent counsel dramatically strengthens enforceability if challenged. Lack of opportunity to obtain counsel supports duress claims that could invalidate prenup.
Financial Disclosure
"Full disclosure" of assets, debts, and income is required, and cannot be waived.
Shared Burden of Proof
If either party challenges validity, the party seeking to enforce the agreement carries the burden of proving full disclosure of assets. The challenging party bears the burden of proving fraud, duress, lack of voluntary consent, or unconscionability.
Child Support
Child support and custody clauses are unenforceable and could undermine the entire agreement. Do not include.
Case Law
Zimmie v. Zimmie, 11 Ohio St.3d 94, 464 N.E.2d 142 (1984)
The Ohio Supreme Court invalidated a prenuptial agreement where the wife received it by mail shortly before the wedding, signed it at the husband's attorney's office without reading it or receiving explanation of the asset values or her waived rights, establishing minimum standards for voluntary execution and full disclosure.
Gross v. Gross, 11 Ohio St.3d 99, 464 N.E.2d 500 (1984)
The Ohio Supreme Court upheld the prenup's validity but found the spousal support provision ($200/month for 10 years) unconscionable at the time of divorce after 14 years of marriage when the husband's assets grew from $550,000 to $6 million, resulting in remand for higher support of $2,500/month.
Fletcher v. Fletcher, 68 Ohio St.3d 464, 628 N.E.2d 1343 (1994)
The Ohio Supreme Court established that when a prenuptial agreement executed one day before the wedding provides disproportionately less than what the challenging party would receive under equitable distribution, the enforcing party must prove full disclosure and that the disadvantaged party had a "meaningful opportunity to consult with independent counsel."
Vanderbilt v. Vanderbilt, 2014-Ohio-3652 (Ohio Ct. App., 9th Dist. 2014)
The Ohio Court of Appeals upheld a complete mutual waiver of spousal support where the couple had cohabitated and built their dream home together before marriage, holding that the wife should have contemplated the change in standard of living at the time of executing the agreement.