Ohio Property Division | OH Settling Disputes for Marital and Non-Marital Divorce Assets and Debts

Once a couple files for divorce, all property from the marriage must be sorted out by the courts. One of the most important tasks a court must perform is property division, specifically Ohio property division.

No divorcing couple should ever discount the guidance of a licensed attorney who works in these cases. Property division laws can be confusing, vary from state to state and lawyers have the proper training and experience to tell the judge what a divorcing spouse wants or needs from the property division.

Property Division Divorce Laws in Ohio

The purpose of Ohio property division laws is to make sure that marital property is allocated to each spouse equally, usually in a 50-50 split. If a 50-50 split would not be equitable, the court may divide the property in a more equitable fashion.

Ohio marital property is divided under the considerations of ORC Ann. §3105.171 but the trial court judge receives great discretion when converting Ohio marital property into separate Ohio divorce property.

Ohio is an equitable distribution state. This means that with regard to Ohio divorce assets, anything the spouses had before a marriage usually will not be included in Ohio divorce assets or Ohio divorce property. The only property that comes into the court's distribution is that which is legally classified as property of the marriage subject to ORC Ann. §3105.171(A)(3)(a).

What is considered Marital and Non-Marital Property?

Marital property is defined under ORC Ann. §3105.171(A)(3)(a). This includes:

All real and personal property currently owned by either or both of the spouses, including, but not limited to, the retirement benefits of the spouses acquired by either or both of the spouses during the marriage
All income and appreciation on separate property, due to the labor, monetary, or in-kind contribution of either or both of the spouses that occurred during the marriage

Non-marital property or separate property is defined under ORC Ann. §3105.171(A)(6)(a). Some examples are:

Any real or personal property or interest in real or personal property acquired by one spouse before the marriage
Any property classified as separate under an agreement between the parties

In addition, ORC Ann. §3105.171(A)(6)(b) says that the commingling of separate property with marital property does not destroy the identity of the separate property as separate, unless the separate property is not traceable.

Dividing Assets and Debt

After the court decides which property is available for distribution, the next step is property valuation. The final step is the allocation of marital property.

Under ORC Ann. §3105.171(F), the court considers a number of factors in dividing assets and debt. Some of these are:

The marriage's length
Tax consequences
The parties' assets & liabilities
The costs of sale, if an asset must be sold to effect an equitable distribution
The parties' retirement benefits

Using statutory factors, judges decide how a marriage's assets should be divided. Here is a list of the most common property items and the most common allocation scheme used.

Cash: Divided equally among the spouses.
- Example 1: A joint savings account has $5,000. The court would most likely award $2,500 to each spouse.
- Example 2: A joint savings account has $5,000. One spouse contributed $4,000 and the other contributed $1,000. The amount may be divided in a 50-50 split or may be more balanced if the $1,000 contributor has fewer assets than the $4,000 contributor.
Retirement Plans: Divided based on the duration of the marriage at the time the benefits accrued, looking at the present value of the plan and/or survivor benefits.
- Example 1: A spouse got benefits in a retirement plan after working for 25 years and was married for 20 of those years. The ex-spouse would be entitled to 50% of the retirement plan that was acquired during the marriage.
- Example 2: A spouse has an unvested retirement plan. No division takes place until the plan is payable to the spouse who has it. It may or may not be subject to property division.
Vehicles: Divided based on the values at the date determined by the court. May be sold or given to a spouse outright.
- Example 1: A car is owned by a spouse The car may be sold with the proceeds to be given to a poorer spouse or divided 50-50.
- Example 2: A boat has a shared title. The boat may be sold with the proceeds divided 50-50 or given to a poorer spouse outright.
Insurance: Determined based upon each spouse's health, availability of alternate insurance and premium payments from marital income.
- Example 1: One spouse has covered the other under employer provided health insurance. The other spouse is in poor health and could not afford alternate health care coverage. The court may order the first spouse to continue covering that spouse for a set time and/or award money to the ailing spouse to get new coverage.
- Example 2: One spouse has a life insurance policy where the ex-spouse is to get survivor benefits. If marital income was used to make payments on the insurance, the spouse may be entitled to a portion of the benefits.

Settling Disputes in a Divorce Case with Property and Asset Division

ORC Ann. §3105.171(I) does not allow the court to change the property order in any way once the order is given by the trial court. However, you may go back to court to get a property order enforced if necessary.

The trial court's determinations will not be changed by a higher court unless the division was clearly unjust.

Help From an Ohio Property Divorce Lawyer

Retaining an Ohio property divorce lawyer is key to getting the most equitable result in the property division phase of a divorce. The lawyer can provide professional guidance, keep you informed of likely outcomes and help you present the best arguments and presentation to the trial judge handling the divorce.

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