Ohio Marital Settlement Agreement
An Ohio marital settlement agreement, known in Ohio as a separation agreement, lets divorcing spouses divide marital property equitably, set spousal support, and address custody and child support, then have those terms incorporated into the divorce or dissolution decree. Attorney review available.
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Introduction
Ohio starts from dividing marital property equally and adjusts only if an equal split would be inequitable, and a marital settlement agreement is the written contract divorcing spouses use to settle that division of property, debts, and spousal support, plus (by reference) custody and child support, so the terms can be incorporated into the decree that ends the marriage. In Ohio this contract is called a separation agreement, and it is the document a couple attaches to a petition for dissolution of marriage (Ohio Rev. Code 3105.63) or presents in a divorce case. Ohio is an equitable-distribution state, not a community-property state: the court divides marital property equally, but if an equal division would be inequitable it divides the property in the manner it determines is fair (Ohio Rev. Code 3105.171). Separate property, such as an inheritance or property owned before the marriage, is generally not divided. Ohio has no statewide formula for spousal support; a court decides the amount, terms, and duration by weighing the factors in Ohio Rev. Code 3105.18. Custody and child support follow the state basic child support schedule (Ohio Rev. Code 3119.021), stay subject to court approval, and remain modifiable, so an agreement cannot bargain them away. Once the court approves the separation agreement, it is incorporated into the decree and the court keeps jurisdiction to modify custody, child support, and parenting time (Ohio Rev. Code 3105.65). In a dissolution, the court holds a hearing not less than 30 nor more than 90 days after the petition is filed (Ohio Rev. Code 3105.64). DocDraft builds your Ohio marital settlement agreement from your facts, with attorney review available before you sign.
Key Things to Know
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In an Ohio dissolution both spouses appear at a court hearing and acknowledge under oath that they signed voluntarily, and the Ohio separation agreement they present is the written contract divorcing spouses use to settle property and debt division, spousal support, and by reference custody and child support, so those terms can be incorporated into the decree that ends the marriage.
- 2
Ohio is an equitable-distribution state, not a community-property state. The court divides marital property equally, but if an equal division would be inequitable it divides the property in the manner it determines is fair (Ohio Rev. Code 3105.171).
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Marital property generally means what either or both spouses acquired during the marriage, including retirement benefits earned during the marriage. Separate property, such as an inheritance or property owned before the marriage, is generally kept by its owner and not divided (Ohio Rev. Code 3105.171).
- 4
Ohio has no statewide formula for spousal support. A court decides whether support is appropriate and reasonable and sets the amount, terms, and duration by weighing the factors in Ohio Rev. Code 3105.18, such as income, earning ability, the length of the marriage, and the standard of living during the marriage.
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Child support follows Ohio's basic child support schedule based on the parents combined income (Ohio Rev. Code 3119.021). Parents may agree on terms, but custody and child support stay subject to court approval and remain modifiable in the best interests of the children and cannot be bargained away.
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Once the court approves the separation agreement, it is incorporated into the decree of dissolution or divorce, and the court keeps jurisdiction to modify custody, child support, and parenting time (Ohio Rev. Code 3105.65). Spousal support can be modified only if the decree reserves that power.
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An Ohio marital settlement agreement must be in writing and signed by both spouses. In a dissolution, both spouses appear at a hearing held not less than 30 nor more than 90 days after the petition is filed and acknowledge under oath that they entered the agreement voluntarily (Ohio Rev. Code 3105.64).
Key decisions before you file
Before you file a Marital Settlement Agreement in Ohio, a few decisions shape the document: which option to choose and what each one means. The Marital Settlement Agreement guide walks through them.
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Ohio Requirements for Marital Settlement Agreement
Equitable Distribution, Not Automatic 50/50
Ohio is an equitable-distribution state, not a community-property state. The court divides marital property equally, but if an equal division would be inequitable it divides the property in the manner it determines is fair (Ohio Rev. Code 3105.171).
Marital Property vs Separate Property
Marital property generally means what either or both spouses acquired during the marriage, including retirement benefits earned during the marriage. Separate property, such as an inheritance or property owned before the marriage, is generally kept by its owner and not divided (Ohio Rev. Code 3105.171).
No Statewide Spousal Support Formula
Ohio has no statewide formula for spousal support. A court decides whether support is appropriate and reasonable and sets the amount, terms, and duration by weighing the factors in Ohio Rev. Code 3105.18, such as income, earning ability, the length of the marriage, and the standard of living during the marriage.
Child Support Follows the State Schedule
Child support follows Ohio basic child support schedule based on the parents combined income (Ohio Rev. Code 3119.021). Parents may agree on terms, but child support stays subject to court approval and cannot be bargained away.
Custody and Child Support Stay Modifiable
Custody and child support terms in an Ohio marital settlement agreement stay subject to court approval and can be modified later in the best interests of the children. These terms are never fixed the way a property division can be.
In Writing and Signed
An Ohio marital settlement agreement, called a separation agreement, must be in writing and signed by both spouses. No Ohio statute located requires the agreement itself to be notarized, but signing before a notary can help prove the signatures are genuine.
Approved and Incorporated Into the Decree
Once the court approves the separation agreement, it is incorporated into the decree of dissolution or divorce, and the court retains jurisdiction to modify custody, the residential parent, child support, and parenting time (Ohio Rev. Code 3105.65).
Dissolution Hearing Window
In an Ohio dissolution, both spouses appear at a hearing held not less than 30 nor more than 90 days after the petition is filed and acknowledge under oath that they entered the agreement voluntarily (Ohio Rev. Code 3105.64). Ohio does not impose a fixed statewide cooling-off period.