What Is a Spouse Entitled to in an Ohio Divorce?

In an Ohio divorce, property is going to be divided equitably, but not necessarily equally, according to the courts.

When you and your spouse walked down the aisle, you never envisioned that one day, you’d be getting a divorce. However, now you’re facing that reality, and you’re wondering about how much your spouse will get when you split up. Should you be worried that you’re going to be broke? By finding out more information on Ohio divorces and how assets are divided, you can determine your next steps.

Dividing Property in Ohio

When dividing assets and liabilities in Ohio, a court is going to typically do a 50-50 split of all property acquired in the marriage – if that’s equitable. However, one spouse could receive more than the other if that’s what the court believes is more equitable. For instance, let’s say one spouse worked while the other supported them by helping them with their career and running the household. The court could decide that the spouse who stayed at home receives more because they didn’t work all that time. It all depends on your situation.

Looking at How to Divide Property

A court will look at a number of factors when deciding how to divide property between spouses, including:

  • How long your marriage listed
  • If one or both spouses worked
  • Retirement benefits the spouses had
  • Each person’s liabilities and assets
  • If you have children, whether or not the custodial parent would stay in the marital home
  • The tax consequences of dividing property

Some assets include the marital home, cars, a vacation home, jewelry, and furniture. Liabilities include any debts, such as credit card debt or a car loan.

Getting an Uncontested Divorce in Ohio

One of the ways you can have a clearer idea of how your property may be divided is by pursuing an uncontested divorce in Ohio. This means that you and your spouse work out all the details ahead of time, and the court can simply approve them. The court may make some changes, but you can request what you believe is fair. Typically, couples who fell out of love or grew apart will file for an uncontested divorce in Ohio.

Keep in mind that an uncontested divorce might not be possible if you and your spouse have a contentious relationship, or there are more serious grounds for divorce like adultery or abandonment.

Is One Spouse Eligible for Spousal Support?

Spousal support, which used to be called alimony, may be available for one spouse depending on different factors, like:

  • How much income each spouse earns
  • The duration of your marriage
  • The standard of living each spouse had during the marriage
  • The earning abilities of each spouse
  • The tax consequences for each spouse if spousal support were to be awarded

Additionally, if you have children, you might be able to get child support as well if you have physical custody of your child.

When dealing with divorce, it’s best to call up a divorce attorney for help. They will represent you and be on your side during this difficult time. Your attorney will ensure you get what you need out of the divorce and you are prepared for your future after your divorce is finalized.

Get in Touch With Richard P. Arthur

Richard P. Arthur, Attorney at Law, can help you with your divorce in Ohio. You can call 937-254-3738 for a consultation. He has more than three decades of experience helping clients in Dayton and Trotwood, as well as Montgomery, Greene, Miami, Clark, and Warren counties.