Alongside grounds, custody, and child support, the major financial issues in an Ohio divorce are spousal support (commonly called alimony) and the division of marital property and debts. If the spouses cannot agree, the court decides these issues based on the evidence and the law.
Equitable Distribution
States approach property division in one of two ways. Ohio is an equitable-property state: each spouse receives a distribution of marital property that is considered fair and equitable, but not necessarily equal. (In community-property states, by contrast, each spouse is entitled to one-half.)
Marital vs. Separate Property
Marital property generally means property acquired during the marriage other than separate property. Separate property—property a spouse owned when entering the marriage, or acquired during the marriage through inheritance or gift—is retained by the owner. The exact division depends on the law of the state where the divorce is filed.
Spousal Support (Alimony)
Spousal support is financial support paid by one spouse to the other after or during a divorce. Whether support is awarded, in what amount, and for how long are decided by the court when the spouses cannot reach their own agreement.
Military Pensions
Where a military pension is involved, the federal Uniformed Services Former Spouses’ Protection Act (USFSPA) governs how it is calculated and divided. Although up to 50% of a member’s disposable retired pay may be awarded, the exact division is set by state law.