Ohio Revised Code

Ohio Rev. Code § 2106.22 (2026)

Action to set aside antenuptial or separation agreement

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Any antenuptial, postnuptial, or separation agreement to which a decedent was a party is valid unless an action to set it aside is commenced within four months after the appointment of the executor or administrator of the estate of the decedent, or unless, within the four-month period, the validity of the agreement otherwise is attacked.

Last updated February 8, 2023 at 12:54 PM

Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 1996–2021 · leading case: In re Est. of Dawson, 689 N.E.2d 1008 (Ohio Ct. App. 2d Dist. 1996).
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In re Est. of Dawson, 689 N.E.2d 1008 (Ohio Ct. App. 2d Dist. 1996). “It appears to us to be beyond dispute, based upon the facts of this case, that the proper administration of this estate required Rogers to retain counsel to represent the estate. Finally, we need not address James and Shirley’s contention that Rogers was required to challenge…”
In re Est. of Lodwick, 2019-Ohio-4559. · cites it 9× “{¶2} Appellant asserts that “the trial court wrongfully held that R.C. 2106.22 applied to a written Separation Agreement, which was entered into by the decedent [Lodwick] and her surviving spouse, [Appellant], in the Lawrence App.”
In re Est. of Weitzel, 2021-Ohio-1859. · cites it 2× “{¶ 10} Reid involved a surviving spouse's right to contest an antenuptial agreement under R.C. 2106.22. That statute specifically provides that an action to set aside or otherwise attack the validity of the agreement must be commenced within four months after the appointment of…”
Dragovich v. Dragovich, 2012-Ohio-4114. “See R.C. 2106.22 (separation or antenuptial agreement valid unless action to set it aside is filed or it is otherwise attacked within four months of fiduciary’s appointment).”
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