Ohio Divorce Property Division

What the Law Says

Ohio courts divide marital property under an equitable distribution standard — the judge decides what's fair, which may or may not be 50/50. In Ohio, an equal division is the statutory starting point, adjustable under the factors below.

Ohio starts from equality: ORC §3105.171(C)(1) commands that the division of marital property “shall be equal,” and only if an equal division would be inequitable does the court instead divide in the manner it determines equitable. Separate property is distributed to its owner (§3105.171(D)), with distributive awards available to adjust equities. In making the division, §3105.171(F) lists ten factors: the duration of the marriage; the assets and liabilities of the spouses; the desirability of awarding the family home to the custodial parent; the liquidity of the property; the economic desirability of retaining an asset intact; tax consequences; costs of sale; any division set forth in a separation agreement; retirement benefits; and any other relevant and equitable factor.

Division Factors (Ohio Rev. Code §3105.171)

What Ohio courts weigh:

1. Duration of the marriage (ORC §3105.171(F)(1))
2. Assets and liabilities of the spouses (§3105.171(F)(2))
3. Desirability of awarding the family home, or the right to reside in it, to the spouse with custody of the children (§3105.171(F)(3))
4. Liquidity of the property to be distributed (§3105.171(F)(4))
5. Economic desirability of retaining intact an asset or an interest in an asset (§3105.171(F)(5))
6. Tax consequences of the property division upon the respective awards to be made to each spouse (§3105.171(F)(6))
7. Costs of sale, if it is necessary that an asset be sold to effectuate an equitable distribution of property (§3105.171(F)(7))
8. Any division or disbursement of property made in a separation agreement that was voluntarily entered into by the spouses (§3105.171(F)(8))
9. Any retirement benefits of the spouses, excluding the social security benefits of a spouse except as may be relevant for purposes of dividing a public pension (§3105.171(F)(9))
10. Any other factor that the court expressly finds to be relevant and equitable (§3105.171(F)(10))

Common Questions