Ohio Legal Separation Agreement
Ohio grants a decree of legal separation on the same grounds as a divorce, and by statute it does not bar either spouse from later filing for divorce. Attorney review available.
Find out where you stand in Ohio
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Introduction
Ohio grants a decree of legal separation, a court order by which a married couple formally separates while staying legally married and unable to remarry. A court of common pleas may grant both divorces and legal separations, and the causes are the same for each (Ohio Rev. Code 3105.17). Those causes include bigamy, willful absence for one year, adultery, extreme cruelty, fraudulent contract, gross neglect of duty, habitual drunkenness, imprisonment, living separate and apart without cohabitation for one year, and incompatibility unless it is denied by either party, so a spouse can obtain a separation on the same footing used for a divorce. What sets an Ohio legal separation apart is that it never closes the door on a divorce: the statute says the filing of a complaint or counterclaim for legal separation, or the granting of a decree of legal separation, does not bar either party from filing for a divorce or annulment later (Ohio Rev. Code 3105.17(B)). A decree of legal separation does not end the marriage, so neither spouse may remarry until the marriage is dissolved by a later divorce. Couples choose it to keep a spouse on health insurance, to reach the ten-year mark for certain military and Social Security spousal benefits, for religious reasons, or as a trial step before deciding whether to divorce. In the proceeding the court can award reasonable spousal support and, on request, determine and divide marital property equitably (Ohio Rev. Code 3105.18). Because that division is functionally the same document used in a divorce, rather than repeat it here those terms belong in an Ohio Marital Settlement Agreement; if you decide to end the marriage instead, the pleading that starts it is an Ohio Divorce Petition. DocDraft builds your Ohio legal separation agreement from your facts, with attorney review available before you sign.
Key Things to Know
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Ohio grants a decree of legal separation on the same grounds a court uses for a divorce (Ohio Rev. Code 3105.17). The couple stays legally married while living apart; neither spouse may remarry, and the marriage ends only through a later divorce.
- 2
An Ohio legal separation never blocks a later divorce. By statute, filing for or being granted a legal separation does not bar either party from filing for a divorce or annulment afterward (Ohio Rev. Code 3105.17(B)).
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The grounds for an Ohio legal separation match the divorce grounds in Ohio Rev. Code 3105.17: bigamy, willful absence for one year, adultery, extreme cruelty, fraudulent contract, gross neglect of duty, habitual drunkenness, imprisonment, living separate and apart for one year, or incompatibility unless denied by either party.
- 4
Incompatibility is a no-fault ground in Ohio, but it can be defeated. Ohio Rev. Code 3105.17 allows incompatibility as a cause unless it is denied by either party, so a spouse who contests it may force the case onto one of the other listed grounds.
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An Ohio decree of legal separation does not end the marriage. It formally separates the spouses and can fix support and property, but both remain married until a divorce is later granted.
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Couples choose an Ohio legal separation over divorce to keep a spouse on health insurance, to reach the ten-year mark for certain military and Social Security spousal benefits, for religious reasons, or as a trial step before deciding to divorce.
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In an Ohio legal separation the court can award reasonable spousal support and, on a party's request, divide marital property equitably (Ohio Rev. Code 3105.18), so those terms belong in a marital settlement agreement rather than the separation itself; see the Ohio marital settlement agreement page.
Key decisions before you file
Before you file a Legal Separation Agreement in Ohio, a few decisions shape the document: which option to choose and what each one means. The Legal Separation Agreement guide walks through them.
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Ohio Requirements for Legal Separation Agreement
Decree of Legal Separation
An Ohio court of common pleas may grant a decree of legal separation on the same causes it uses for a divorce (Ohio Rev. Code 3105.17). The couple stays legally married while living apart, and neither spouse may remarry. The marriage ends only through a later divorce.
Does Not Bar a Later Divorce
Filing for or being granted an Ohio legal separation does not bar either party from filing for a divorce or annulment later (Ohio Rev. Code 3105.17(B)). The separation can precede a divorce rather than use up the right to one.
Grounds Same as Divorce
The grounds for an Ohio legal separation match the divorce grounds in Ohio Rev. Code 3105.17: bigamy, willful absence for one year, adultery, extreme cruelty, fraudulent contract, gross neglect of duty, habitual drunkenness, imprisonment, living separate and apart for one year, or incompatibility unless denied by either party.
Incompatibility Can Be Denied
Incompatibility is a no-fault ground in Ohio, but it applies only unless it is denied by either party (Ohio Rev. Code 3105.17). If the other spouse contests it, the case must proceed on one of the other listed grounds, such as living separate and apart for one year.
Marriage Not Dissolved
An Ohio decree of legal separation does not end the marriage. It formally separates the spouses and can fix support and property, but both remain married until a divorce is later granted, and neither may remarry in the meantime.
Spousal Support and Property Division
In an Ohio legal separation the court can award reasonable spousal support and, on a party's request, divide marital property equitably (Ohio Rev. Code 3105.18). Because this is the same division used in a divorce, set it out in an Ohio marital settlement agreement rather than in the separation itself.
Reasons to Choose Separation Over Divorce
An Ohio legal separation keeps the marriage in place, which can preserve a spouse's health insurance, help reach the ten-year mark for certain military and Social Security benefits, or serve religious or trial-step reasons. Confirm insurance effects with the plan, since many treat a legal separation like a divorce.
Separation Versus Marital Settlement Agreement
An Ohio decree of legal separation sets the couple's married status; a marital settlement agreement is the contract that divides property and sets support and is used in both a separation and a divorce. Keep the money and parenting terms in the marital settlement agreement and rely on the separation for status.