When a couple divorces in Ohio, dividing property can become a major issue. Ohio law classifies property as either marital or separate. Understanding this distinction helps determine how courts divide assets in a divorce.
What counts as marital property?
Marital property includes assets either spouse acquires during the marriage. This can include income, real estate, retirement accounts, and personal property. Even if only one spouse’s name appears on a title, courts may still consider it marital property if acquired during the marriage. Courts divide marital property equitably, which does not always mean equally.
What is considered separate property?
Separate property belongs to one spouse and does not get divided in divorce. This can include assets owned before marriage, inheritances, and gifts given specifically to one spouse. However, mixing separate property with marital property may make it subject to division. For example, depositing inherited money into a joint bank account can turn it into marital property.
How do courts determine property division?
Ohio courts focus on fairness when dividing property. They consider factors such as each spouse’s financial situation, contributions to the marriage, and the length of the marriage. Courts also examine whether one spouse wasted marital assets before the divorce. If a dispute arises over whether an asset qualifies as marital or separate, the spouse claiming it as separate must provide proof.
Keeping property division fair
Understanding how Ohio defines marital property helps protect your assets. Keeping detailed records of separate property and handling assets carefully during marriage prevents confusion later. Since courts focus on fairness, knowing what qualifies as marital property helps you prepare for a fair outcome.
