Postnuptial agreements come to Ohio
Most people have heard of a prenup – or prenuptial – agreement, but a new law in Ohio will now allow for a postnuptial agreement.
A prenuptial agreement is an agreement a couple enters into before marriage describing how their assets will be divided on divorce or death. However, once you were married, you could not amend or terminate the prenuptial agreement or enter into any agreement regarding the division of assets.
Until now, all other states besides Ohio and Iowa allowed for an agreement after marriage to either amend the prenuptial agreement or have a whole new agreement describing how assets will be divided on divorce or death. But now that Senate Bill 210 has been signed into law, married couples in Ohio can go forward with a postnuptial agreement.
There are a couple of scenarios that a postnuptial agreement could lend itself to.
For example, at the beginning of a marriage, the husband and wife were about equal in finances and agreed in a prenuptial agreement that each would keep their own assets. Then they have three children and for twenty years the wife stays at home raising the family and the husband grows his business to be a very valuable asset. The wife might want some part of those assets since she lost the opportunity to grow her assets.
In that case, a postnuptial agreement could provide that she shares in some of the growth of the husband’s assets.
In another scenario, let’s say parents want to give a portion of the family business to their daughter who has joined the business. If that is done, it is possible that some of the growth in the business resulting from the daughter’s efforts could turn into an asset the son-in-law can grab if there is a divorce.
Now, with a postnuptial agreement, the daughter can enter into an agreement with her husband that will provide he gives up his interest in the family business and its growth.
Both parties need an independent counsel to represent them, or the agreement might not be valid. You need an attorney familiar with the tax and estate planning implications of these changes, especially if a family business or significant other assets are involved.
It can be tricky to navigate, so if you need help or have any questions, call us. We’re here to help!
Terms and Conditions | Privacy Policy | Disclosures
Case studies are intended to illustrate the types of financial issues faced by actual clients. They should not be construed as a testimonial for or endorsement of Lineweaver Wealth Advisors. They do not represent the experience of any advisory client. Each client’s situation is different, and their goals may not always be achieved. Lineweaver Wealth Advisors, LLC, is not engaged in the practice of law or accounting. Tax information provided is general in nature and should not be construed as legal or tax advice. Always consult an attorney or tax professional regarding your specific legal or tax situation. Tax rules and regulations are subject to change at any time.
Crain's Cleveland Business is a print and online newspaper delivering local business news and information to Cleveland's business executives, which is published by Crain Communications Inc. The Crain's 2024 list may employ different methodology than described above for similar designations granted in other years. No clients were consulted and no fees were paid to determine the winners; the award is based on assets under management. Neither the participating candidates nor their employees pay a fee in exchange for inclusion on Crain's 2024 List. However, recipients may pay a fee to Crain, an affiliate, or an unaffiliated third party in exchange for plaques or article reprints commemorating the designation. The publication should not be construed by a client or prospective client as a guarantee that they will experience a certain level of results if the recipient is engaged, or continues to be engaged, to provide investment advisory services; and should not be construed as a current or past endorsement of the recipient by any of its clients. Lineweaver Wealth Advisors was ranked in the Top 25 of Crain’s of Cleveland’s annual list of Registered Investment Advisors. The award is based on assets under management in the years 2024. In 2023, Lineweaver Wealth Advisors was ranked in the Top 15 of Crain’s of Cleveland’s annual list of Registered Investment Advisors. The award is based on assets under management in the years 2023. In 2021 and 2022, Lineweaver Wealth Advisors was ranked in the Top 20 of Crain’s of Cleveland’s annual list of Registered Investment Advisors. The award is based on assets under management in the years 2021 and 2022 respectively.
Nominees in the Top 100 Magazine selections are not required to pay a fee for consideration. Individuals appearing in half and full page editorials, have paid a fee for additional exposure. Candidates for consideration are selected utilizing proprietary software. Top 100 Magazine analyzes the results before making their final selections. Financial Professionals and/or wealth managers must also met the following criteria; 1. Be registered with the SEC as a registered investment advisor or a registered investment advisor representative; 2. Have no more than 1 filed complaint with a regulatory agency; 3.Never been convicted of a felony. Third-party rankings and recognitions are no guarantee of future investment success and do not ensure that a client or prospective client will experience a higher level of performance or results. These ratings should not be construed as an endorsement of the Financial Professional by any client nor are they representative of any one client's evaluation. Participants for the Top 100 in Finance appearance were reviewed in 2022, and recognized in March of 2023. Lineweaver Financial Group appeared in Money magazine in 2015, Fortune Magazine in 2016, WTAM 1100 in 2018, Forbes in 2020, Channel 5 in 2020, and Top 100 in Finance in 2023.
Lineweaver Financial Group ©
Powered by 
Virteom