Ohio Code § 5816.03
Ohio Code § 5816.03. Reproduced from the official Ohio Revised Code, with a citation summary, verification link, and related provisions.
§ 5816.03.
(A) In addition to any other method allowed by law, the spendthrift provision of a legacy
trust may be stated as provided in division (B) of section 5805.01 of the Revised Code . (B) Except as otherwise provided in this section, the spendthrift provisions of a legacy
trust shall restrain both voluntary and involuntary transfer of a transferor's interest
in that trust. Any spendthrift provision in a legacy trust is enforceable under any applicable
nonbankruptcy law within the meaning of section 541(c)(2) of the Bankruptcy Code regardless of whether or not the relevant legacy trust instrument makes any reference
to that enforceability. In addition to the restraints required by this division, a legacy trust and its
spendthrift provisions may provide for any other restraints on alienation that are
permitted by any law of this state. (C) Notwithstanding division (B) of this section or the terms of any spendthrift provision,
but subject to divisions (D), (E), and (F) of this section, a transferor's interest
in property that is the subject of a qualified disposition may be attached or otherwise
involuntarily alienated in connection with any debt that the transferor owes pursuant
to an agreement or court order for either of the following: (1) The payment of child or spousal support or alimony to or for the transferor's spouse,
former spouse, child, or children, or to any governmental agency that is designated
by statute, rule, or regulation to be the payee of that child or spousal support or
alimony; (2) The division or distribution of property in favor of the transferor's spouse or former
spouse. (D) A transferor's interest in property that is transferred pursuant to a qualified disposition
and the transferor's beneficial interest in a legacy trust shall not be subject to
any claim for forced heirship or legitime. (E) A transferor's interest in property that is transferred pursuant to a qualified disposition
and the transferor's beneficial interest in a legacy trust shall not be subject to
a distributive award under section 3105.171 of the Revised Code or to any similar award under the law of another jurisdiction, to any person other
than the transferor's spouse or former spouse. A court shall liberally construe and apply this provision in finding that such similarity
exists. (F) Nothing in this section shall deprive any beneficiary of any exemption rights that
the beneficiary may have under any applicable law after the trust property is received
by that beneficiary.
Source: official Ohio text · Last verified 2026-08-27
At a glance
- Citation: Ohio Revised Code § 5816.03
- Jurisdiction: Ohio
- Code: Ohio Revised Code
- Text: transcribed from the official source (verify below)
Verify the text
Statute text is transcribed from the official Ohio Revised Code. Confirm it against the primary source before relying on it:
Not legal advice. Verify against the official source and consult a licensed Ohio attorney.
Common questions
What is the source of Ohio Revised Code § 5816.03?
The text above is transcribed from the Ohio Revised Code, the codified statutes of Ohio. The official publisher link appears under "Verify the text" on this page.
What subject does Ohio Revised Code § 5816.03 address?
It addresses the rule set out in the section text. Read the section together with the surrounding provisions listed under "Nearby provisions" for the full picture.
Is Ohio Revised Code § 5816.03 still in force?
Statutes are amended, repealed, and renumbered every session. Confirm the current version at the official Ohio source before relying on this text.
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