Prenuptial Agreement Archives - Ohio Family Law Blog

Blast From The Past: If I Make More Money Than My Spouse, Are Things Still Split 50/50 in a Divorce?

PUBLISHER’S NOTE: This blog is as meaningful today as it was when we originally posted it on March 3, 2023. We have a ton of interesting articles in our archives of the Ohio Family Law Blog. Use our Search tool and enjoy a few oldie but goodies!

Divorce Likely? The Dangers If You Do Not Have a Prenuptial Agreement or a Postnuptial agreement in Place

As a longtime Ohio divorce lawyer, reading the recent comments made by country music singer Kelsea Ballerini about her divorce from Morgan Evans caught my attention. Kelsea complained on a recent podcast that Morgan “took half the house he didn’t pay for” and other things as well. She was upset that Evans (also a country singer) wrote a song and was profiting about him being “blindsided” by their break-up. Click here to listen to his song about it titled “Over for You”. Kelsea’s comments got me thinking and I thought I would write this blog about property division and spousal support in Ohio.

IF I EARN MORE, I SHOULD GET MORE!

I remember back in the late 70’s and early 80’s, men going through divorces commonly expressing this opinion when we met to discuss a … Read More... “Blast From The Past: If I Make More Money Than My Spouse, Are Things Still Split 50/50 in a Divorce?”

Learn From Her Mistakes: It’s Too Late for J Lo to Create a Prenuptial Agreement, But it May Not be Too Late for You!

Understanding the Importance of Prenuptial Agreements for Financial Security

Jennifer Lopez and Ben Affleck (more affectionately known as “Bennifer”) have made headlines again, this time for filing for divorce after just two years of marriage. Despite their high-profile lives and busy careers, this was a couple that the world wanted to succeed since the early 2000s. However, this split should serve as a reminder of the importance of prenuptial agreements – especially when it comes to marriage and our finances.

The pair reportedly did not have a prenuptial agreement in place, which means that under California law, any assets that they have acquired during their marriage will be split between them, including their $68,000,000 mansion, and any income earned during the past two years. As of this year, Lopez’s net worth was estimated to be $400 million, substantial compared to Affleck’s $150 million. Although J Lo’s divorce petition listed the couple’s assets as “unknown,” it is clear that this will be a huge amount to be addressed by the courts.

However, this uncertainty could have been avoided if the pair had recognized the importance of prenuptial agreements and utilized proactive estate planning, such as executing a prenuptial agreement. A prenup … Read More... “Learn From Her Mistakes: It’s Too Late for J Lo to Create a Prenuptial Agreement, But it May Not be Too Late for You!”

Negotiating Pre-Nuptial Agreements is Becoming Commonplace for Millennials

pre-nuptial agreements divorce millennials

PUBLISHER’S NOTE: While this blog addresses Pre-nuptial Agreements, the same rational equally applies to millennials executing Post-Nuptial Agreements. On March 23, 2023, Ohio adopted legislation allowing married couples to now negotiate and execute Post-Nuptial Agreements after marriage. The 2 nuptial agreements are very similar. I have posted several articles on the Ohio Family Law Blog about Post-Nuptial agreements since that law was adopted. Use my SEARCH tool above to find them!

With the increase in student loans and previous debts, millennials are looking to ensure that they are not responsible for debts incurred by their spouse should the union dissolve

Baby boomers, and many generations before, used to dream about finding the right one, getting married and living happily ever after, never giving any thoughts about what happens if things didn’t go right. Pre-nuptial agreements were just a thing for movie stars and rich people or stereotypically, men who were financially wealthy and wanted to protect their wealth from a potentially “gold digging” wife. It used to be that pre-nuptial agreements were frowned upon. They seemed to be sending a message that you weren’t serious about the responsibilities of getting married.

However, times have changed. The millennials have … Read More... “Negotiating Pre-Nuptial Agreements is Becoming Commonplace for Millennials”

If I Make More Money Than My Spouse, Are Things Still Split 50/50 in a Divorce?

Divorce Likely? The Dangers If You Do Not Have a Prenuptial Agreement or a Postnuptial agreement in Place

IF I EARN MORE, I SHOULD GET MORE!

I remember back in the late 70’s and early 80’s, men going through divorces commonly expressing this opinion when we met to discuss a potential divorce. Many were not happy to be told that is NOT how it works in Ohio. Back then most men were the primary breadwinners. Often times the agreed upon roles where the man was the primary breadwinner and the wife was the primary caregiver for their … Read More... “If I Make More Money Than My Spouse, Are Things Still Split 50/50 in a Divorce?”

Postnuptial Agreements Will Soon Become Legal in Ohio

Ohio Law Recognizes Postnuptial Agreements and Treats Them the Same as Prenuptial Agreements

Ohio SB 210 expands a married couple’s ability to enter into agreements with each other to modify their legal relations. By passing SB 210, Ohio law now recognizes postnuptial agreements and treats them the same as prenuptial agreements. Prenuptial agreements are those that are entered into BEFORE marriage, while postnuptial agreements are those that are entered into AFTER marriage. This new law goes into effect the end of March. Click here to read it.

A few of the most notable provisions of Ohio’s new Postnuptial Agreements law enabling spouses to modify their marriage are as follows:

Expands the ability for spouses to enter into agreements that alter legal relations.
Establishes postnuptial agreements and treats them the same as antenuptial (prenuptial) agreements.
Allows spouses to modify antenuptial (prenuptial) and postnuptial agreements.
Establishes requirements for agreements entered between spouses that alter legal relations and provides that agreements that meet these requirements are valid and enforceable, with or without consideration.

Amendment Provides the Division of Property Upon an Agreement to an Immediate Separation

Most notably, under previous Ohio law section 3103.06(A) of the Revised Code, a husband or wife could … Read More... “Postnuptial Agreements Will Soon Become Legal in Ohio”

Blast From The Past: How to Ask for a Prenuptial and Avoid a Break-Up!

Blast from the past 13 years Ohio Family Law Blog

PUBLISHERS NOTE: More people are executing prenuptial agreements than ever before. Millennials are getting married at a later age, many have a lot of student debt and more assets. The COVID-19 pandemic is causing people to be more aware of their mortality and planning for the future. I thought reposting this “blast from the past” from June 17, 2017, about prenuptial agreements was appropriate.

Prenuptial Agreements have increased in recent years says study…but why?

Prenuptial agreements are daunting to bring up to one’s significant other and many individuals fear bringing up the topic. Many individuals worry that the prenuptial discussion will cause problems, such as making their significant other feel as if they are not trusted or as if there is an anticipation of a divorce in Ohio via a lack of commitment. However, research has shown that having a prenuptial agreement may in fact strengthen a relationship. Did you know that According to a survey of the American Academy of Matrimonial Lawyers (AAML), 63 percent of divorce attorneys say they’ve seen an increase in prenuptial agreementsrecent years? This is NOT just a male thing either. Forty-six percent of these lawyers also noted an increase in the number of … Read More... “Blast From The Past: How to Ask for a Prenuptial and Avoid a Break-Up!”

Postnuptial Agreements in Ohio – What is the Current Status?

postnuptial agreements premarital agreement estate planning

PUBLISHER’S NOTE:

Finally Ohio has joined 48 other states and is now permitting postnuptial agreements to be executed and recognized. This is extremely significant news for married couples in Ohio! Click the following blog articles about this law change. Also, please see our new Postnuptial Agreements help page by clicking here.

Will Ohio Allow Postnuptial Agreements And Amendments To Premarital Agreements? Proposed Changes Underway

Ohio has long recognized premarital agreements. A premarital agreement is a legal contract entered prior to marriage and in contemplation of marriage by two individuals to address the ownership and division of their property and property interests in the event of death or divorce. However, Ohio is in the minority in that Ohio has historically not allowed postnuptial agreements, which are agreements entered into between spouses after they are married. I wrote a blog article on postnuptial agreements on December 31, 2011. Click here to read it.

There are a couple of exceptions to this rule. Ohio Revised Code Section 3103.06 states that a husband and wife cannot, by any contract with … Read More... “Postnuptial Agreements in Ohio – What is the Current Status?”

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