Legal Question in Family Law in Ohio

Living off my pension - been married for 30 yrs - separated for 11, can the ex divorce me and get 50% automatically ..,


Asked on 4/08/12, 8:04 am

1 Answer from Attorneys

Eric Willison Eric Eastman Willison

In Ohio, the normal rule is that any wage or benefit acquired during the marriage is marital property and should be split between the parties. However, where the marriage ended in everything but name only, the court has the discretion to set a de facto termination date for the marriage, so even though you may get divorced in 2012, the judge could, within his/her discretion set a defacto marital termination date of 2001 meaning that any income or benefit after that date does not have to be split between the parties. That is at the judge's discretion, however. There are no guarantees about how a judge will see such things.

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Answered on 4/09/12, 7:53 pm


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