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.
This page offers a general overview of property division and spousal support. Outcomes depend heavily on your specific facts; please consult Pirnia Law Office about how Ohio law applies to your financial situation.