Ohio Divorce Law...

Ohio Law - What is The Overall Approach to Property Division?

Ohio is an 'equitable distribution' state.

This means that the judge can do whatever he or she thinks is fair. For example, the judge can order that the home not be sold so a spouse and children may live there for a period of time. Or, the judge can order that the home (or other property) be sold and the cash divided between the parties.

However, beside the child support guidelines, there are broad guidelines relating to the property division.

The starting point is the premise that property acquired during the marriage will be divided 50/50, and that other property (called 'separate property' will remain with the party who owns it.

But this is subject to modification if, for any reason, the judge thinks another division would be more fair to the parties.

Also, the judge is concerned that the total values be fair, not that each asset is divided according to whether it is separate or marital property. So, for example, the judge might order the husband to keep the home and pay the wife $80,000 in cash, even though the wife's parents might have put up the down-payment on the home and the wife's earnings might have paid the mortgage during the marriage.

Section 3105.171

Cases:

Shaffer (1996) 671 N.E.2d 1317 (The parties were married 25 years and had four children. The wife was a part-time nurse earning $20,000 per year, and the husband earned approximately $100,000 a year as a hospital executive. Two of the children, ages 5 and 10, were at home, and one of them had dyslexia, requiring considerable parental tutoring. The court awarded the wife $1,200 per month spousal support until either party died, or until the wife remarried or cohabited. Later, due to changed circumstances, the court lowered the amount. The court originally awarded the house to the wife and IRA to the husband. But the wife objected after the trial, saying that she could not afford to maintain the house. She asked that the house be sold, with proceeds to be split, and for the IRA to be split, and that is what the court did.)

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