Legal Question in Family Law in Ohio
My wife up and left me back in january in the middle of the night when i went to work. I came home on a saturday morning and she had packed her stuff and left a note with her cell phone on the table. I have not known where she was living this whole time. She just went and filed for a divorce and is asking for alimoney and half of my 401k. Is she entitled to this. We were married for 9 years
1 Answer from Attorneys
In Ohio, spousal support is based upon several factors, including need, income, and duration of the marriage (there are several other factors). Any property that was acquired during the marriage (like contributions to your 401k) would be marital property and split up by the court. But if you had the 401k before the marriage, that portion of the plan you owned before the marriage would be separate property and not split up. Further, you could argue that the de facto termination date of the marriage was january of this year, and that any contributions you made to your 401k from January to present should not be split up.
You need to hire a lawyer to deal with this matter so you should call your local county or city bar association for a referral.
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