Married couples in Ohio can't amend their prenups but a bill can change that

Ohio is one of the only states where couples cannot enter into legally binding private contracts with each other after they get married.

A bill to change that is moving forward in the Ohio Senate and supporters say the proposed law would also create more flexibility for prenuptial agreements.

The bill, SB210, would make postnuptial contracts legally binding while also allowing couples to amend prenuptial agreements.

Susan Racey testified in favor of the bill on behalf of the Ohio State Bar Association. She said the inability to change prenuptial agreements locks married couples into a contract unless they alter their marriage through divorce, dissolution, or legal separation.

"Premarital agreements in Ohio are the only irrevocable agreement that where two consenting adults cannot change," said Racey.

Sen. Theresa Gavarone (R-Bowling Green) is the sponsor of the bill. She says there are many variables that can lead to a couple wanting to change their prenuptial agreement or enter into a postnuptial one.

Those variables include "tax law modifications" and "spouses wanting to define what their rights and responsibilities are in their marriage."

Ohio and Iowa are the only states that do not allow for postnuptial agreements.

The bill passed out of the Senate Judiciary committee and is now up for a possible full chamber vote.

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