Spousal Support & Property | Dayton, OH

Major Issues in Every Divorce

Alongside the grounds for the divorce itself, parental rights and responsibilities, child support, and visitation, the major financial issues in an Ohio divorce are spousal support (commonly called alimony) and the division of the marital property and debts of the parties. If the spouses cannot agree, the court will decide these issues based on the evidence and the law.

Dividing the Property

States approach property division in one of two ways. Some are equitable-property states and others are community-property states:

In equitable-property states, each spouse receives a distribution of “marital property” that is considered fair and equitable, but not necessarily equal.
In community-property states, each spouse is entitled to one-half of all marital 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 in both equitable and community-property systems. The exact division depends on the law of the state where the divorce is filed.

Military Pensions (USFSPA)

Where a military pension is involved, the federal Uniformed Services Former Spouses’ Protection Act (USFSPA) governs how that pension is calculated and divided. USFSPA lets state courts treat disposable retired pay as the service member’s property or as property of both spouses under state law. Although up to 50% of a member’s retired pay may be awarded, the exact division is set by state law. (See Military Divorce for the full discussion.)

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 based on the evidence and the applicable law when the spouses cannot reach their own agreement. A realistic, upfront assessment of likely support outcomes is an important part of planning your case.

How the Judge Decides

Both parties provide the court with information and documentation about all relevant issues—including income, assets, and debts. The court may rely on expert reports, hold hearings, hear testimony, and weigh the evidence before deciding. The judge has some discretion but must comply with the law, and there is no jury trial in an Ohio divorce.

Types of Spousal Support

Spousal support can take more than one form. Temporary support may be ordered while the divorce is pending, so that both households can meet their obligations until the case is finished. In the final decree, support may be periodic—regular installments payable for a set term—or a single lump sum. The court may also reserve jurisdiction, meaning no support is ordered now but the court keeps its authority to award support later.

How Long Support Lasts

An order for spousal support states how long it runs. Periodic support ordinarily ends on the death of either party or on the recipient’s remarriage, and it can be terminated if the recipient begins living with another person as a spouse. Support may also be modified—increased, reduced or ended—when there has been a substantial change in circumstances, such as a significant change in either party’s income. An Ohio court generally keeps the power to modify a periodic support order unless the order provides otherwise, which is why the wording of the decree matters; a lump-sum award is generally not modifiable.

The Marital Home, Retirement Accounts, and Debts

How the larger assets are handled is often more important than the percentages. The marital home may be sold with the net proceeds divided, or one spouse may keep the home and buy out the other’s share—and the decree usually states who pays the mortgage until then and when a refinance has to happen. Retirement accounts built up during the marriage, including 401(k)s, pensions and IRAs, are commonly divided through a separate qualified domestic relations order (QDRO) prepared after the decree, and military retired pay is divided under federal law (see Military Divorce). Vehicles, bank and investment accounts and personal property are allocated in the decree, and debts—mortgages, car loans, credit cards and student loans—must be divided too, including who is responsible for paying each one. Where a spouse owns a business or a professional practice, a valuation is often needed.

Spousal Support & Property Division