Ohio Divorce Laws

Ohio Divorce Laws regarding Spousal support

The spousal support may be paid in installments or as a gross amount. While deciding the period, terms of payment, amount and nature of spousal support, the Court pays attention to the following facts –

• The period of marital life
• The retirement benefits to the partners
• The emotional, mental, physical state of the partners and their ages
• The relative earning capacities of the partners
• The income from all sources of both the partners
• The input of each partner towards the earning capacity, training and education of the other partner
• The relative liabilities and assets of the partners
• The relative degree of education of the partners
• The standard of living enjoyed in marital status
• Whether it is apt that the custodial parent of a minor should seek employment outside the house
• Due to the marital responsibilities, has there been any loss in the income production ability of either partner
• Due to the award of spousal support, what are the effects on tax of either partner
• What duration and expenditure is essential for the partner requesting alimony to attain enough training, job experience and education to be suitably employed

Ohio Divorce Laws regarding Property Distribution

The Court observes equitable distribution of property after due consideration of the below mentioned factors –

• The liquidity of the property that is being separated
• The wish of one partner to award the family residence and the right to live in it for reasonable duration to the partner who is the custodian of the children of the marriage
• The liabilities and assets of the partners
• The period of marital life
• Presence of a separation agreement that has been voluntarily accepted by the partners and which indicates the disbursement or division of property
• If it is felt essential to sell an asset to have an equitable separation of property, then the costs of sale are to be considered
• The effects on tax of the property division
• The financial wish to maintain an asset or an interest on any asset intact

Types of property listed below are classified as separate property and is not distributed.

• Gifts given to only one partner
• Personal injury awards
• Property excluded as per an antenuptial agreement
• Property attained after legal separation
• Passive income or appreciation attained from separate property while the partners were in a married state
• Property owned prior to the marriage
• Inheritances

Child Support

The Ohio Child Support Guidelines are adhered to by the Court while computing the amount of child support. All such support payments have to be done by the parent in the department of job and family services through the office of child support. The Court does not take into account any marital misconduct while deciding child support. In each support order, the Court mentions that the parents must facilitate the health care needs of the child, till the Court is satisfied with the performance of the parents.

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