OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
S.B. 210 Bill Analysis
134th General Assembly
Click here for S.B. 210’s Fiscal Note
Version: As Reported by House Civil Justice
Primary Sponsor: Sen. Gavarone
Effective Date:
Chenwei Zhang, Attorney
SUMMARY
Legal relations between spouses
Expands the ability for spouses to enter into agreements that alter legal relations.
Establishes postnuptial agreements and treats such agreements the same as antenuptial
agreements under the Revised Code.
Allows spouses to modify antenuptial and postnuptial agreements.
Establishes requirements for agreements entered between spouses that alter legal
relations and provides that agreements that meet these requirements are valid and
enforceable, with or without consideration.
Allows a court to terminate a decree of legal separation on a motion signed by both
spouses.
Dating protection orders; domestic violence shelters
Expands the definition of “person with whom the respondent (or actor) is or was in a
dating relationship” to include minors who are subject to domestic or dating violence
for purposes of domestic violence protection order law and domestic violence shelters
law.
Maintaining Social Security numbers
Repeals a requirement that the record of any action for divorce, dissolution, annulment,
or spousal support contain the Social Security numbers of the parties to the action.
Appointing acting judges
Removes the population limit and in-territory residency preference for appointing
certain acting municipal court or county court judges.
December 1, 2022
Office of Research and Drafting LSC Legislative Budget Office
DETAILED ANALYSIS
Altering legal relations between spouses
The bill generally expands the ability of spouses to enter into agreements with each
other to alter their legal relations. The bill establishes postnuptial agreements and treats such
agreements the same as antenuptial agreements. Under current law, only antenuptial
agreements are recognized.
An antenuptial agreement is entered into before marriage. A postnuptial agreement is
an agreement entered into after marriage.
Contracts, generally
The bill slightly modifies existing law to provide that a husband or wife may enter into
an agreement or transaction with either of the following:
1. The other spouse, subject to the general rules that control the actions of persons
occupying the confidential relations with each other;
2. With any other person, which either party would otherwise be able to enter into if
unmarried.
The bill adds that an agreement under (1) that alters legal relations between the
spouses must comply with certain requirements established under the bill (see
“Requirements for agreements altering legal relations,” below).
Existing law provides that a husband or wife may enter into any engagement (rather
than agreement) or transaction with the other, or with any other person, which either might if
unmarried; subject, in transactions between themselves, to the general rules controlling actions
of persons occupying confidential relations with each other.1
Postnuptial and antenuptial agreements; agreements for separation
The bill also allows a husband or wife to contract with each other to do any of the
following:
1. Enter into a postnuptial agreement that alters their legal relations with each other;
2. Modify or terminate an antenuptial or postnuptial agreement or any other agreement
that alters their legal relations with each other;
3. Agree to an immediate separation and make provisions for the division of property and
support of either of them and their children during the separation.
The bill adds that an agreement under (1) or (2) must comply with certain requirements
established under the bill (see “Requirements for agreements altering legal
relations,” below).
1 R.C. 3103.05.
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Under existing law, a husband and wife cannot, by any contract with each other, alter
their legal relations, except to agree to an immediate separation as described under (3).
Existing law also does not provide for the division of property as described under (3).2
Requirements for agreements altering legal relations
Under the bill, an agreement altering legal relations between spouses in (1) under
“Contracts, generally” (above), or (1) or (2) under “Postnuptial and antenuptial
agreements; agreements for separation” (above), must meet all of the following
requirements:
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;
4. The terms do not promote or encourage divorce or profiteering by divorce.
An agreement that meets all of these requirements is valid and enforceable, with or
without consideration.3
Action to set aside regarding surviving spouse rights
The bill adds postnuptial agreements to an existing law provision declaring that any
antenuptial or separation agreement to which a deceased spouse was a party is valid unless:
(1) there is an action to set it aside that is commenced within four months after an executor or
administrator was appointed to the decedent’s estate, or (2) within the four-month period, the
validity of the agreement is otherwise attacked.4
Termination of decree of legal separation
The bill allows a court to terminate a decree of legal separation if both spouses sign a
motion to do so.5
Definition of “separate property”
The bill modifies the definition of “separate property,” for purposes of equitable division
of marital and separate property and distributive awards under marriage termination law, to
include any real or personal property or interest in real or personal property that is excluded by
2 R.C. 3103.06.
3 R.C. 3103.061.
4 R.C. 2106.22.
5 R.C. 3105.17(C).
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a valid antenuptial or postnuptial agreement. Under existing law, this applies to antenuptial
agreements only.6
Dating protection orders; domestic violence shelters
The bill modifies the definitions of “person with whom the respondent is or was in a
dating relationship” and “person with whom the actor is or was in a dating relationship” under
the domestic violence protection order law and domestic violence shelter law, respectively.
Under both laws, the definition of the term is expanded to designate such person as an
individual, rather than an adult, who, at the time of the conduct in question, is in a dating
relationship with the actor or respondent who is an adult or who, within the twelve months
preceding the conduct in question, has had a dating relationship with the respondent or actor
who is an adult.
Under the domestic violence protection order law, the definition change would allow a
minor to petition for a domestic violence protection order against an adult; current law only
allows an adult to petition for an order against another adult. In the domestic violence shelter
law, the definition change would include a minor provided shelter who is or was dating an actor
who is an adult; current law only applies regarding adults provided shelter who was or is dating
an actor who is an adult.7
Maintaining Social Security numbers
The bill repeals the law requiring the record of any action for divorce, dissolution,
annulment, or spousal support contain the Social Security numbers of the parties to the action. 8
Appointing acting judges
Continuing law provides for the appointment by a municipal court presiding judge or a
county court presiding judge of a substitute judge or, upon the request of the applicable
presiding judge, the assignment by the chief Justice of the Supreme Court of another judge in
either of the following instances:9
If a judge of a municipal court or a judge of a county court, as applicable, that consists of
only one judge, is temporarily absent for a reason other than being incapacitated or
unavailable due to disqualification, suspension, or recusal;
If a vacancy occurs in the office of a judge of a municipal court or a judge of a county
court, as applicable, that consists of two judges, or if a judge of either court of that
nature is incapacitated, unavailable, or temporarily absent.
6 R.C. 3105.171(A)(6)(a)(v).
7 R.C. 3113.31(A)(9) and 3113.33(F).
8 R.C. 3105.72, repealed.
9 R.C. 1901.121(A)(2) and (B) and 1907.141(A)(2) and (B).
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Under current law, in appointing a substitute judge under the above provisions, the
presiding judge of a municipal court or the presiding judge of a county court, as the case may
be, may appoint a substitute who is a resident of the territory of the applicable court or, if the
territory of that court has a population of less than 25,000 according to the latest federal
decennial census and the judge is unable to appoint a substitute who is a resident of the
territory of the court, appoint a substitute who is a resident of the territory of a municipal or
county court that is contiguous to the applicable court.10 The bill removes the population limit
of less than 25,000 of the applicable court’s territory and the presiding judge’s inability to
appoint a substitute who is a resident of the territory of the applicable court as conditions for
appointing a substitute who is a resident of the territory of a contiguous municipal or county
court.11
HISTORY
Action Date
Introduced 07-13-21
Reported, S. Judiciary 11-10-21
Passed Senate (30-1) 11-16-21
Reported, H. Civil Justice 11-30-22
ANSB0210RH-134/ar
10 R.C. 1901.121(A)(2)(a) and (B)(1) and 1907.141(A)(2)(a) and (B)(1).
11 R.C. 1901.121(A)(2)(a) and (B)(1) and 1907.141(A)(2)(a) and (B)(1).
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As Reported by House Civil Justice
Statutes affected: As Introduced: 2106.22, 3103.05, 3103.06, 3105.17, 3105.171
As Reported By Senate Committee: 2106.22, 3103.05, 3103.06, 3105.17, 3105.171, 3113.31, 3113.33, 3105.72
As Passed By Senate: 2106.22, 3103.05, 3103.06, 3105.17, 3105.171, 3113.31, 3113.33, 3105.72