Free Ohio Divorce Settlement Agreement Form

What Is Included in an Ohio Divorce Settlement Agreement?

Spouses decide what goes into their own Ohio divorce settlement agreement. The FormsPal template, titled Ohio Marital Separation Agreement, runs eight pages. It has 18 numbered sections, a signature page for both spouses, and a notary acknowledgment page.

• Introduction and disclosures (sections 1 and 2): the purpose, the effective date, each spouse's financial disclosure, and a statement that both spouses reviewed the agreement with independent legal counsel.
• Children (sections 3 and 4): names and birth dates, custody and visitation, and child support.
• Spousal support (section 5): who pays the other spouse, how much, and for how long.
• Property and debts (sections 6 to 9): the family home, debts and expenses, personal property, and insurance.
• Standard terms (sections 10 to 18): changes to the agreement, binding effect, governing law, confidentiality, and similar closing terms.
• Signatures and notary (pages 7 and 8): each spouse signs, and a notary public completes the acknowledgment.

Fill in each blank that applies to your situation. Many couples have a lawyer read the finished agreement before they sign, especially when children, a home, or retirement accounts are involved. Parents can also use FormsPal's parenting plan form for parenting time details. To complete the downloaded PDF on screen, try the PDF editor.

Information to Gather Before You Start

The template asks for specific details, so collect them first. This saves time and avoids blanks you have to come back to:

• Full names of both spouses, as they appear on your IDs.
• Names and birth dates of your children, if you have any.
• A list of income, assets, and debts for each spouse, with approximate values.
• The address of the family home and who will live there.
• Details of life, health, and other insurance policies you plan to keep.
• Recent pay stubs, tax returns, and account statements to support your figures.

Having these papers on hand makes the disclosure section easier, because each figure can be checked against a statement instead of recalled from memory. It also helps both spouses agree on what the property and debts are worth before they divide them.

Completing the Main Sections

The PDF is titled Ohio Marital Separation Agreement, and its sections follow a fixed order. Work through the parts that carry the most detail first.

• Financial disclosure (section 2): list each spouse's income, property, and debts. Approximate values are fine, because the form states that disclosures are approximate only.
• Children (sections 3 and 4): write the custody and visitation schedule in plain terms, then state the child support amount and who pays it.
• Spousal support (section 5): state whether either spouse pays support, the amount, and the end date, or write that neither spouse owes support.
• Residence (section 6): enter the address of the family home and state who keeps it.
• Debts and personal property (sections 7 and 8): name each debt and say which spouse pays it, then divide household items, vehicles, and accounts.
• Insurance (section 9): state which life, health, and other policies each spouse keeps.

Use specific numbers and dates wherever you can. A vague term is harder to carry out later, and a clear one saves both spouses from a dispute over what it meant. A lawyer can check the legal wording of the finished separation terms, and a notary completes the last page when you sign.

Ohio Divorce Settlement Agreement Laws

Two Ohio statutes matter most for a divorce settlement agreement. Ohio Rev. Code Ann. § 3105.10 lets the court of common pleas enforce a separation agreement the spouses entered into voluntarily.^[1] Ohio Rev. Code Ann. § 3105.171 sets the rules the court follows when it divides marital property.^[2]

Court Enforcement of Your Agreement

The key rule is the standard the court applies. Section 3105.10 of the Ohio Rev. Code Ann. states it this way:

A separation agreement that was voluntarily entered into by the parties may be enforceable by the court of common pleas upon the motion of either party to the agreement, if the court determines that it would be in the interests of justice and equity to require enforcement of the separation agreement.

In plain words, either spouse can ask the court to enforce the agreement. The court decides whether enforcement would be in the interests of justice and equity.^[1]

Property Division in Ohio

Section 3105.171 of the Ohio Rev. Code Ann. sets out how the court handles property in a divorce. It matters when you draft an agreement, because your terms are read against these rules:

• Equal contribution. Each spouse is considered to have contributed equally to the production and acquisition of marital property.^[2]
• Equal division. The division of marital property is equal, unless the court determines that an equal division would not be equitable.^[2]
• Separate property. The court disburses a spouse's separate property to that spouse, except as the statute otherwise provides.^[2]
• Disclosure. The court requires each spouse to disclose in a full and complete manner all marital property, separate property, and other assets, debts, income, and expenses of the spouse.^[2]
• Financial misconduct. If a spouse engaged in financial misconduct, including the dissipation, destruction, concealment, nondisclosure, or fraudulent disposition of assets, the court may compensate the offended spouse with a distributive award or with a greater award of marital property.^[2]
• Failure to disclose. If a spouse substantially and willfully fails to disclose assets, debts, income, or expenses as required, the court may compensate the offended spouse with a distributive award or a greater award of marital property, not to exceed three times the value of what was not disclosed.^[2]
• Spousal support order. The court provides for an equitable division of marital property before it makes any award of spousal support, and without regard to that award.^[2]
• Later changes. A division or disbursement of property or a distributive award is not subject to future modification by the court, except upon the express written consent or agreement to the modification by both spouses.^[2]

Ohio Separation Agreements

Many people search for an Ohio separation agreement when they plan to live apart. Ohio's statute uses that name for a written agreement that spouses enter into voluntarily.^[1] The FormsPal template is built for spouses who are ending the marriage.

Under section 1.3 of the template, it takes effect when both spouses sign, but only if the marriage actually ends. If the dissolution does not take place, the agreement is null and void. FormsPal also has a marriage separation agreement template for comparison.

Create a free high quality Ohio Marital Settlement (Divorce) Agreement online now!

Create and Print Online Now

How Do You Use Your Agreement in an Ohio Divorce Case?

Signing the agreement is one step in an Ohio divorce case. This list shows the usual order in practice. It does not state deadlines, so ask the court clerk or an attorney about the forms and steps for your county. Ohio Rev. Code Ann. § 3105.03 requires the person who files for divorce to have lived in Ohio for at least six months immediately before filing the complaint.^[3] Under Rule 3 of the Ohio Rules of Civil Procedure, a proper county for the case is the county where the person filing has lived for at least ninety days immediately before filing. The county where the other spouse lives is also a proper county.^[4]

1. Agree on terms and sign. Spouses who agree can record their terms in an Ohio divorce settlement agreement. The template above is a starting point.
2. Collect the court's forms. Ask the clerk of your county court which divorce papers it uses, and fill them in.
3. Share financial information. The court requires each spouse to disclose in a full and complete manner all marital property, separate property, and other assets, debts, income, and expenses of the spouse.^[2]
4. Give the agreement to the court. In practice, spouses attach the signed agreement to their divorce papers. Ask the court how to submit it.
5. Keep copies. Each spouse keeps a signed copy of the agreement and of every paper filed.

Mistakes to Avoid

A few slips cause most of the trouble with a settlement agreement. Check your draft for these:

• Leaving a blank empty when the section applies to you, such as support amounts or the visitation schedule.
• Leaving out or understating an asset. The court may compensate the other spouse with a greater award of marital property, up to three times the value of what was not disclosed.^[2]
• Signing before both spouses have read every section.
• Skipping a lawyer's review when children, a home, or retirement accounts are involved.

If you want to see what a finished decree looks like, FormsPal has a divorce decree sample.

Frequently Asked Questions

These answers come from the two Ohio statutes cited at the end of this page. They describe what the law says, not what one court may do in your case. Ask an attorney how the rules apply to your situation.

What Is a Marital Settlement Agreement?

A marital settlement agreement is a written agreement between spouses about how they will end their marriage. Ohio's statute calls it a separation agreement, and the court of common pleas may enforce one that the spouses entered into voluntarily.^[1] Spouses commonly use it to cover:

• property and debts
• support for either spouse
• custody, visitation, and child support

What Happens When an Ex-Spouse Breaks the Marital Settlement Agreement?

Either spouse can ask the court to enforce the agreement. A separation agreement that was voluntarily entered into by the parties may be enforceable by the court of common pleas upon the motion of either party to the agreement. The court enforces it if it determines that this would be in the interests of justice and equity.^[1]

Other Ohio Forms
We offer a variety of important Ohio forms to anyone in quest of convenience when filling out various papers.

Ohio Last Will Ohio Living Will Ohio Small Estate Affidavit Ohio Bill of Sale Ohio Power of Attorney Ohio Rental Lease Agreement Ohio Eviction Notice Ohio Promissory Note Ohio Non-compete Agreement Ohio Prenuptial Agreement Ohio LLC Operating Agreement

General information, not legal or tax advice.

Sources

Unless noted otherwise, the sources below are from the Ohio Rev. Code Ann..

1. Ohio Rev. Code Ann. § 3105.10.
2. Ohio Rev. Code Ann. § 3105.171.
3. Ohio Rev. Code Ann. § 3105.03.
4. Ohio Civ.R. 3.

Mara Erlach

Writer & Attorney

Mara has been practicing estate planning and trust law in California since 2003, taking pride in helping clients of all backgrounds and asset profiles form a complete and customized estate plan. Her specialties are: estate planning, wills and trusts, trust and probate administration.