Legal Question in Family Law in Ohio

What are a females legal rights to husbands monies when filing for divorce after nineteen years of marriage?


Asked on 6/27/14, 2:52 pm

1 Answer from Attorneys

Eric Willison Eric Eastman Willison

In Ohio, when two people filed for divorce the court will divide all of the assets of the parties into two categories. The first category is nonmarital assets. These would be assets that would not be split between the parties. They would include assets that were already owned by one of the parties prior to the marriage. They would also include assets that were inherited by the parties during the marriage. They would also include money from personal injuries that occurred to the parties during marriage.

Any money that otherwise came to the couple during the marriage, especially from active efforts of one of the parties, such as wages, would be marital property. Marital property is the second category of property, and marital property will be divided between the parties. The court divides such property equitably, not necessarily equally, though most often the splits are fairly equal.

Further if the marriage is of long duration, and 19 years is of long duration, and if the parties going forward will be making unequal incomes, especially if one of the parties sacrificed his or her ability to make money and to develop a career in favor of staying home with the children, then the court will often award that person spousal support until that person either dies gets remarried or cohabitates with another person.

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Answered on 7/21/14, 9:18 pm


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