Also known as: separation agreements · marital separation agreement
Written by attorneys · grounded in primary & secondary sources — see below
A written contract between spouses that resolves issues of property division, spousal maintenance, and child support, custody, and visitation upon separation or dissolution of the marriage.
Selena Singh and Spencer Silver drafted a document that divided their jointly owned home and investment accounts, provided Selena monthly maintenance payments for four years, and scheduled alternating weeks of custody for their two children. They signed the document after reviewing their financial statements and submitted it when Spencer filed for dissolution. The court accepted the filing as the parties' formal resolution of the marital estate.
Sabrina Shah and Sophia Singh signed an agreement that awarded Sabrina the marital residence and a lump-sum payment while Sophia retained her retirement accounts. Sabrina later argued the division left her without adequate support given her lower earnings. The court examined both parties' current incomes and assets before deciding whether to enforce the property and maintenance terms.
Select any source to read its text and confirm it supports the definition.
Samantha Stone and Sofia Stern signed an agreement that gave Samantha nearly all liquid assets and minimal maintenance despite Sofia's recent job loss. At the hearing Sofia presented evidence that the terms left her unable to meet basic expenses. The court found the agreement unconscionable and directed the parties to submit a revised version or face court-ordered property and support rulings.
Spencer Silver and Selena Singh presented an agreement that divided their business interests and set maintenance based on current salaries. After reviewing updated financial affidavits the court determined the property and support provisions were not unconscionable. The court then proceeded to incorporate the agreed terms into the dissolution decree.
Sabrina Shah and Sophia Singh's agreement stated that its property and maintenance provisions would appear in the final decree. The court found the terms fair and ordered both parties to perform the obligations listed in the decree. Enforcement of those obligations thereafter proceeded under the court's contempt power.
Samantha Stone and Sofia Stern's agreement directed that its terms remain outside the decree. The court identified the agreement by date and parties, stated that it had reviewed the terms for unconscionability, and confirmed the finding in the decree. The parties retained the right to enforce the agreement through ordinary contract remedies.
No. Child-related terms receive independent judicial review under the best-interests standard and applicable support guidelines even when the rest of the agreement binds the court. The statute expressly excepts support, custody, and visitation from the binding rule that applies to property and maintenance terms.
A court may refuse enforcement only after finding the terms unconscionable based on the parties' economic circumstances and other relevant evidence. The statute places the burden on the party challenging the agreement to produce that evidence.
The court may request the parties to submit a revised agreement or may issue its own orders for property division, maintenance, and support. Either route ensures the final decree rests on fair terms.
Unless the agreement provides otherwise, the court sets the agreed terms forth in the decree and orders the parties to perform them. The decree then becomes enforceable by contempt and by contract remedies.
The decree must identify the agreement and expressly state that the court has found its terms not unconscionable. This satisfies the statutory requirement while keeping the agreement's text outside the judgment.
…by Hackett v. Hackett (C. A. Lucas 1958), 78 Ohio Law Abs. 485, 150 N. E. 2d 431. This case held that a covenant in a separation agreement, incorporated in a divorce decree, that the mother would rear a daughter in the Eoman Catholic faith was unenforceable. However, the controversial condition in the case at bar is a partial…