Is Ohio a Community Property State in Divorce?
In Ohio, property between spouses is either marital property or separate property. During a divorce, property is divided according to how the property was acquired and the current situation of both spouses.
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Property Type
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Separate property is property obtained before marriage. Property obtained through an inheritance of gift is also separate property. Marital property is property obtained after the marriage date. Property is still considered martial property even if only one spouse's name is on the property title.
Marital Property
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Ohio is not a community property state. Ideally, each spouse is considered to have contributed to the marital assets equally. Property that is not divided equally will be divided equitably. The duration of the marriage and the spouse's financial health are factors in determining how the property is divided. The court also considers who has custody of the children when minor children are involved. Retirement plans such as 401-K plans and pensions are considered marital property and will be divided between the spouses.
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Seperate Property
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The court cannot transfer separate property among spouses. Separate property that has been co-mingled with marital property will be considered marital property.
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