One of the most common questions people ask at the beginning of a divorce is whether everything will be split “50/50.” It’s an understandable concern. Divorce involves major financial decisions, and uncertainty about how property will be divided can create significant stress.
So, is Ohio a 50/50 divorce state? The short answer is: not exactly, but in many cases, it can feel that way.
Ohio Is an Equitable Distribution State
Ohio follows a system known as equitable distribution. That means marital property is divided in a way that is considered fair under the circumstances. “Fair” does not always mean exactly equal, but Ohio courts start with the presumption that an equal division of marital property is appropriate unless there is a reason to divide it differently.
In practice, many divorces do result in a roughly 50/50 split of marital assets. However, the court has discretion to adjust that division if fairness requires it.
What Counts as Marital Property?
Before property can be divided, the court must determine whether it is marital property or separate property.
Marital property generally includes assets and debts acquired during the marriage, regardless of whose name is on the title. Examples include:
- Income earned during the marriage
- The marital home (if purchased during the marriage)
- Retirement accounts accumulated during the marriage
- Vehicles purchased with marital funds
- Credit card debt incurred during the marriage
Separate property typically includes:
- Assets owned before the marriage
- Inheritances received by one spouse
- Gifts given specifically to one spouse
- Certain personal injury awards
However, separate property can become partially marital if it is mixed, or “commingled,” with marital assets. For example, depositing inherited funds into a joint bank account may complicate the analysis.
When Is Property Not Divided 50/50?
Although Ohio courts often begin with the idea of equal division, there are circumstances where an unequal division may be ordered. Factors that can influence the outcome include:
- The duration of the marriage
- The assets and liabilities of each spouse
- The desirability of awarding the family home to the parent with primary custody
- The liquidity of the property being divided
- The tax consequences of division
- Any financial misconduct, such as hiding or wasting assets
If one spouse engaged in financial misconduct, such as dissipating marital funds, the court may compensate the other spouse by awarding a larger share of the remaining assets.
What About Spousal Support?
It’s important not to confuse property division with spousal support (sometimes called alimony). Spousal support is a separate issue and is not automatically awarded.
Ohio courts consider factors such as income disparity, earning capacity, length of the marriage, and standard of living when determining whether spousal support is appropriate and, if so, how much and for how long. A 50/50 property division does not prevent one spouse from seeking support if the circumstances justify it.
Debts Are Also Divided
Many people focus on dividing assets but overlook that debts are part of the equation. Mortgages, car loans, credit cards, and other obligations accumulated during the marriage are generally considered marital debts and are divided equitably as well.
An equal division of assets does not always mean each person walks away with half of everything. Instead, courts look at the overall financial picture and attempt to divide both assets and liabilities fairly.
Why Legal Guidance Matters
Dividing property in a divorce is rarely as simple as splitting everything down the middle. Business interests, retirement accounts, pensions, real estate, and separate property claims can make the process complex. Small details, such as how accounts were titled or when funds were contributed, can significantly impact the outcome.
At David Shook, we help clients understand how Ohio’s equitable distribution laws apply to their specific circumstances. Our goal is to protect your financial interests and ensure that the division of property is handled thoughtfully and strategically.
If you are considering divorce or have questions about how your assets may be divided, speaking with one of our experienced Ohio divorce attorneys can provide clarity and peace of mind. Contact us today to find out how we can help you.
