Marriage comes with big financial commitments, especially when assets are involved. For same-sex couples, a prenuptial agreement can offer clarity and protection in case the marriage ends.
What a prenuptial agreement can cover
A prenup allows you to decide how to divide assets and debts if the marriage ends. You can protect business interests, inheritances, and retirement accounts. It can also clarify how to handle income earned during the marriage. Ohio law respects prenuptial agreements as long as both parties sign willingly and disclose assets.
Requirements for an enforceable prenup in Ohio
Ohio courts enforce prenups that meet a few basic rules. Both people must sign voluntarily and have time to review the agreement. Each person should also disclose their financial situation. If the court finds that one person hid assets or pressured the other into signing, the agreement might not hold up. The agreement also must follow general contract laws in Ohio.
How same-sex couples benefit from prenups
Same-sex couples in Ohio now have the same legal rights as opposite-sex couples in marriage and divorce. But some same-sex relationships lasted many years before legal marriage became available. A prenup can help define which assets were earned together versus individually. This can reduce confusion and conflict later.
Why planning ahead matters
You might not want to think about a breakup, but clear agreements can reduce stress down the road. Prenups create structure and fairness if things change. They can help both people keep what they brought into the marriage and share what they built together.
