Understanding Prenups & Postnups in Ohio: Erb Legal Shares Insight on “We The People”

At Erb Legal, we know that conversations about prenuptial and postnuptial agreements aren’t always easy, but they are essential. Recently, Thomas L. Erb Jr. was honored to be featured on We The People with Alina Gonzalez-Dockery to shed light on how these agreements work under Ohio law and why they matter for couples across Northeast Ohio.

Whether you’re planning a wedding or navigating the complexities of an ongoing marriage, understanding your legal options can help protect your assets and your future. In this blog, we break down key takeaways from the interview, including what pre- and postnuptial agreements are, why they’re valuable, and how they can strengthen—not weaken—a relationship.

What Is a Prenuptial Agreement in Ohio?

A prenuptial agreement (or “prenup”) is a written contract between two people before they marry. In Ohio, these agreements typically cover how property and assets will be divided in the event of divorce, separation, or death.

During the We The People segment, Attorney Thomas Erb explained that prenups aren’t just for the wealthy. “We’re seeing more couples in Northeast Ohio looking at prenups as a way to be proactive, especially when one or both spouses have children from a prior marriage, own a business, or simply want clarity about financial responsibilities,” he shared.

A valid prenuptial agreement in Ohio must:

• Be in writing and signed voluntarily by both parties,
• Disclose all assets and debts fully and honestly,
• Not be unconscionable (grossly unfair),
• Be executed before the wedding takes place.

What Is a Postnuptial Agreement?

While prenups are signed before marriage, postnuptial agreements are entered into after a couple is already legally married. Like prenups, they outline how assets, debts, spousal support, and other financial matters would be handled if the marriage ends.

Ohio courts have historically been hesitant to enforce postnuptial agreements, but that’s changing. As Attorney Erb discussed in the interview, recent legal shifts are making postnups more common and enforceable when appropriately drafted.

“In 2023, Ohio passed legislation clarifying that postnuptial agreements are valid if they meet the same standards of fairness and transparency as prenups,” Erb explained. “This is a big step forward for couples who want to protect their interests and agree on financial matters during the marriage.”

Why Consider a Pre- or Postnuptial Agreement?

During the interview, Thomas emphasized that these agreements are about planning, not predicting a relationship’s failure.

Some of the top reasons couples consider pre- or postnups in Ohio include:

• Protecting family businesses or generational wealth,
• Safeguarding assets for children from previous relationships,
• Clarifying how debts will be managed,
• Setting expectations for spousal support,
• Reducing the stress and uncertainty of a future legal separation or divorce.

Having these conversations early—ideally with the help of an experienced family law attorney—can lead to more transparency, trust, and peace of mind.

Common Misconceptions About Prenups and Postnups

The We The People discussion also tackled some common myths, including the idea that these agreements are only for the ultra-rich or indicate a lack of trust.

“In reality, we’ve helped clients from all walks of life,” said Attorney Erb. “A prenup or postnup is a responsible legal tool. It’s about making sure both parties are informed, protected, and entering the marriage with clear expectations.”

Ohio law allows significant freedom in what can be included in these agreements, so long as both parties agree and the terms are fair. However, issues like child custody or child support generally cannot be decided in a prenup or postnup, as those matters are determined based on the best interest of the child at the time of separation or divorce.

How Erb Legal Can Help with Prenuptial and Postnuptial Agreements in Ohio

If you’re considering a prenuptial or postnuptial agreement in Northeast Ohio, it’s essential to work with a qualified attorney who understands the local courts, changing laws, and what it takes to draft an agreement that will hold up if challenged.

At Erb Legal LLC, our family law attorneys take a practical, personalized approach. We guide clients through the legal process with compassion, clarity, and a firm commitment to their long-term goals.

Talk to a Northeast Ohio Family Law Attorney Today

Whether you’re engaged, married, or navigating complex family dynamics, Erb Legal is here to help. Our recent conversation on We The People highlights how legal planning can strengthen relationships, not strain them.

Contact us today to schedule a confidential consultation about pre- or postnuptial agreements in Ohio. Let’s work together to protect what matters most to you and your family.

Call us today at (330) 869-9007 or through our online contact form. And be sure to watch the full interview with We The People here and here.