Ohio Rev. Code » Chapter 3105
Ohio Revised Code

Ohio Rev. Code § 3105.63 (2026)

Separation agreement provisions

✓ current as of May 2026
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Effective:
September 30, 2025
Latest Legislation:
House Bill 96 - 136th General Assembly
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(A)(1) A petition for dissolution of marriage shall be signed by both spouses and shall have attached and incorporated a separation agreement agreed to by both spouses. The separation agreement shall provide for a division of all property; spousal support; if there are minor children of the marriage, the allocation of parental rights and responsibilities for the care of the minor children, the designation of a residential parent and legal custodian of the minor children, child support, and parenting time rights; and, if the spouses so desire, an authorization for the court to modify the amount or terms of spousal support, or the division of property, provided in the separation agreement. If there are minor children of the marriage, the spouses may address the allocation of the parental rights and responsibilities for the care of the minor children by including in the separation agreement a plan under which both parents will have shared rights and responsibilities for the care of the minor children. The spouses shall file the plan with the petition for dissolution of marriage and shall include in the plan the provisions described in division (G) of section 3109.04 of the Revised Code.

(2) The division of property in the separation agreement shall include any participant account, as defined in section 148.01 of the Revised Code, of either of the spouses, to the extent of the following:

(a) The moneys that have been deferred by a continuing member or participating employee, as defined in that section, and that have been transmitted to the public employees retirement board during the marriage and any income that is derived from the investment of those moneys during the marriage;

(b) The moneys that have been deferred by an officer or employee of a municipal corporation and that have been transmitted to the governing board, administrator, depository, or trustee of the deferred compensation program of the municipal corporation during the marriage and any income that is derived from the investment of those moneys during the marriage;

(c) The moneys that have been deferred by an officer or employee of a government unit, as defined in section 148.06 of the Revised Code, and that have been transmitted to the governing board, as defined in that section, during the marriage and any income that is derived from the investment of those moneys during the marriage.

(3) The separation agreement shall not require or permit the division or disbursement of the moneys and income described in division (A)(2) of this section to occur in a manner that is inconsistent with the law, rules, or plan governing the deferred compensation program involved or prior to the time that the spouse in whose name the participant account is maintained commences receipt of the moneys and income credited to the account in accordance with that law, rules, and plan.

(B) An amended separation agreement may be filed at any time prior to or during the hearing on the petition for dissolution of marriage. Upon receipt of a petition for dissolution of marriage, the court may cause an investigation to be made pursuant to the Rules of Civil Procedure.

(C)(1) If a petition for dissolution of marriage contains an authorization for the court to modify the amount or terms of spousal support provided in the separation agreement, the modification shall be in accordance with section 3105.18 of the Revised Code.

(2) If a petition for dissolution of marriage contains an authorization for the court to modify the division of property provided in the separation agreement, the modification shall be made with the express written consent or agreement of both spouses.

Last updated July 21, 2025 at 11:57 AM

Notes of Decisions
Cited in 43 cases (8 in the last 5 years), 1981–2026 · leading case: Morris v. Morris (Slip Opinion), 2016 Ohio 5002 (Ohio 2016).
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Morris v. Morris (Slip Opinion), 2016 Ohio 5002 (Ohio 2016). · cites it 4× “” In a proceeding for dissolution, the parties are required to comply with R.C. 3105.63 when drafting their separation agreement.”
Knapp v. Knapp, 493 N.E.2d 1353 (Ohio 1986). · cites it 2× “R.C. 3105.63. The petition must be accompanied by a separation agreement agreed to by both parties.”
In re Whitman, 690 N.E.2d 535 (Ohio 1998). · cites it 2× “While the General Assembly has given courts continuing jurisdiction to modify those sections of a separation agreement that pertain to parental rights and responsibilities, R.C. 3105.63 and 3105.65 do not create continuing jurisdiction for a trial court to modify property…”
Ashley v. Ashley, 439 N.E.2d 911 (Ohio Ct. App. 1981). · cites it 4× “On January 18, 1977, Carl and Juanita Ashley filed a petition for dissolution of marriage and attached their separation agreement pursuant to R.C. 3105.63. The court timely held a hearing.”
In Re Dissolution of Marriage of Wise, 545 N.E.2d 1314 (Ohio Ct. App. 1988). · cites it 5× “Specifically, the trial court found that, although the separation agreement purported to divide all of the assets held by the parties, that in fact not all of the property was divided as required by R.C. 3105.63. The court found that the separation agreement failed to specify…”
In Re Murphy, 461 N.E.2d 910 (Ohio Ct. App. 1983). · cites it 2× “R.C. 3105.63 goes on to state: “The separation agreement shall provide for a division of all property, alimony, and, if there are minor children of the marriage, for custody of minor children, child support, and visitation rights.”
In re Adams, 543 N.E.2d 797 (Ohio 1989). · cites it 2× “R.C. 3105.63. The separation agreement is a contract between the spouses which the court may approve or disapprove.”
Hahn v. Hahn, 2012 Ohio 2001 (Ohio Ct. App. 2012). · cites it 2× “The statute upon which he relies, R.C. 3105.63, applies to separation agreements submitted in support of a petition for dissolution.”
Szokan v. Stevens, 2020 Ohio 7001 (Ohio Ct. App. 2020). · cites it 5× “The purpose * * * of R.C. 3105.63’s mandate is not to literally divide all property owned by the parties but rather to ensure that the separation agreement has accounted for all of the parties’ assets.”
Walsh v. Walsh (Slip Opinion), 2019 Ohio 3723 (Ohio 2019). “18(E); R.C. 3105.63(A) and (C). Retirement benefits earned during the course of a marriage constitute marital property.”
Scholler v. Scholler, 462 N.E.2d 158 (Ohio 1984). “The requirements of a separation agreement are set forth in R.C. 3105.63 which provides in pertinent part: “A petition for dissolution of marriage shall be signed by both spouses, and shall have attached and incorporated a separation agreement agreed to by both spouses.”
Gross v. Gross, 464 N.E.2d 500 (Ohio 1984). “R.C. 3105.63. Exemplary of this trend among the states to reconsider the common-law position or rule of law, which disfavors agreements providing for division of property and sustenance provisions upon divorce, is the often cited case of Posner v.”
Show all 43 citing cases →
— Ohio Rev. Code § 3105.63(A) — 4 cases
Walsh v. Walsh (Slip Opinion), 2019 Ohio 3723 (Ohio 2019). “18(E); R.C. 3105.63(A) and (C). Retirement benefits earned during the course of a marriage constitute marital property.”
Sites v. Sites, 2023 Ohio 1278 (Ohio Ct. App. 2023).
In re K.R., 2010 Ohio 6582 (Ohio Ct. App. 2010).
In re J.M. v. A.M., 2022 Ohio 1092 (Ohio Ct. App. 2022).
— Ohio Rev. Code § 3105.63(A)(1) — 14 cases
Morris v. Morris (Slip Opinion), 2016 Ohio 5002 (Ohio 2016). “” In a proceeding for dissolution, the parties are required to comply with R.C. 3105.63 when drafting their separation agreement.”
In re Whitman, 690 N.E.2d 535 (Ohio 1998). “While the General Assembly has given courts continuing jurisdiction to modify those sections of a separation agreement that pertain to parental rights and responsibilities, R.C. 3105.63 and 3105.65 do not create continuing jurisdiction for a trial court to modify property…”
Hahn v. Hahn, 2012 Ohio 2001 (Ohio Ct. App. 2012). “The statute upon which he relies, R.C. 3105.63, applies to separation agreements submitted in support of a petition for dissolution.”
Sassya v. Morgan, 2014 Ohio 3278 (Ohio Ct. App. 2014).
Szokan v. Stevens, 2020 Ohio 7001 (Ohio Ct. App. 2020). “The purpose * * * of R.C. 3105.63’s mandate is not to literally divide all property owned by the parties but rather to ensure that the separation agreement has accounted for all of the parties’ assets.”
— Ohio Rev. Code § 3105.63(B) — 1 case
Bursley v. Bursley, 2019 Ohio 1556 (Ohio Ct. App. 2019).
— Ohio Rev. Code § 3105.63(C)(2) — 3 cases
Ruple v. Ruple, 2021 Ohio 2884 (Ohio Ct. App. 2021).
Shteyngarts v. Shteyngarts, 2022 Ohio 1492 (Ohio Ct. App. 2022).
Weber v. Weber, 2026 Ohio 674 (Ohio Ct. App. 2026).
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