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You can now enter into a Postnuptial Agreement in Ohio!

Client Alert
July 21, 2023

Earlier this year, Ohio was one of just two states (Iowa) that did not permit couples to enter into postnuptial agreements – agreements made between married couples that separate their marital and non-marital property in the event of death or a future divorce. The Ohio Legislature changed this on March 23, 2023, when it passed S.B. 210 legalizing these agreements.

The new law considers that a couple’s financial health and goals often change throughout their marriage and that they should have the option to terminate or update an existing prenuptial agreement, or execute (and later modify if needed) a postnuptial agreement, to reflect these changes. To exercise any one of these options, the following conditions must be satisfied: 1) the agreement is in writing and signed by both spouses; 2) the agreement is entered into freely without fraud, duress, coercion, or overreaching; 3) there was full disclosure, or full knowledge, and understanding of the nature, value, and extent of the property of both spouses; and 4) the terms do not promote or encourage divorce or profiteering by divorce.[1]

Life is unpredictable and the new law affords Ohio couples greater flexibility when planning for their futures, which most likely look very different now than they did before marriage. The law also takes the pressure off engaged couples who are contemplating entering into a prenuptial agreement. Additionally, the ability to enter into a postnuptial agreement lessens the burden of dividing up assets if a couple were to ultimately divorce.

For questions regarding S.B. 210 and your options, please contact Cassandra Manna at clmanna@bmdllc.com or (216) 658-2206.

[1]  S.B. 210, 134th Gen. Assemb., Reg. Sess. (Ohio 2023). 

SB 210Postnuptial Agreement
Client Alert

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May 19, 2022While the COVID-19 pandemic certainly created many obstacles and hardships, it also created many opportunities to try doing things differently. This can be seen in the instant rise of remote work opportunities, telehealth visits, and virtual meetings. Many States took the challenges of the pandemic and turned them into an opportunity to adjust the regulations governing licensed professionals, including for advanced practice registered nurses (APRNs).Client Alert, Blog Post

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Ohio’s Managed Care Overhaul Delayed – New Implementation Timeline

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May 3, 2022On April 28, 2022, the Department of Health and Human Services, Office of Inspector General (“OIG”) published an Advisory Opinion[1] in which it evaluated a proposed arrangement where a network of clinical laboratories (the “Requestor”) would compensate hospitals (each a “Contract Hospital”) for specimen collection, processing, and handling services (“Collection Services”) for laboratory tests furnished by the Requestor (the “Proposed Arrangement”). The OIG concluded that the Proposed Arrangement would generate prohibited remuneration under the federal Anti-Kickback Statute (“AKS”) if the requisite intent were present. This is due to both the possibility that the proposed per-patient-encounter fee would be used to induce or reward referrals to Requestor and the associated risk of improperly steering patients to Requestor.
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