Equitable Doesn’t Mean Equal

One of the most common misconceptions about Ohio divorce is that everything gets split right down the middle. It doesn’t quite work that way. Ohio Revised Code 3105.171 directs courts to divide marital property equitably, which generally starts from a presumption of an equal division but allows a judge to adjust that split when equal wouldn’t be fair given the specific facts of the marriage. Understanding the difference between ‘equal’ and ‘equitable’ is often the first step in setting realistic expectations for a divorce case anywhere in Ohio, from Cincinnati to the surrounding counties.

Marital Property vs. Separate Property

Before a court can divide anything, it has to classify it. Ohio law draws a sharp line between marital property, which is generally subject to division, and separate property, which generally is not.

• Marital property includes most real estate, income, retirement accounts, and personal property acquired by either spouse during the marriage, regardless of whose name is on the title

• Separate property includes assets owned before the marriage, inheritances or gifts received by one spouse individually, and personal injury settlements for pain and suffering, among other categories defined by statute

• Separate property can lose its protected status if it becomes commingled with marital funds, for example by depositing an inheritance into a joint account used for household expenses

• The appreciation in value of separate property during the marriage may become marital property if that increase resulted from either spouse’s labor, money, or in-kind contribution

What Courts Actually Consider

When dividing marital property, Ohio courts look at a range of factors laid out in R.C. 3105.171, including the duration of the marriage, the assets and liabilities of each spouse, whether either spouse gave up career opportunities to support the household, the tax consequences of a proposed division, and the cost of selling assets if a sale is necessary. Courts also have the authority to order a distributive award—essentially a payment from one spouse to the other when dividing an asset in kind isn’t practical, such as with a family business or a house neither spouse can afford to buy out on their own.

Common Property Division Challenges

Some assets are more straightforward to divide than others. Bank accounts and publicly traded investments are relatively easy to value and split. Other assets create more complexity and often require outside experts to reach a fair resolution.

• Retirement accounts and pensions often require a Qualified Domestic Relations Order (QDRO) to divide without triggering early withdrawal penalties or tax consequences

• Closely held businesses typically need a professional valuation, since the business owner and the other spouse rarely agree on what the business is worth

• The marital home may need to be sold, refinanced into one spouse’s name, or offset with other assets depending on each spouse’s financial situation

• Debt is divided along with assets, meaning credit cards, car loans, and even some student loans incurred during the marriage can factor into the overall settlement

Marital Misconduct Isn’t the Deciding Factor

Many clients assume that if their spouse had an affair or otherwise caused the breakdown of the marriage, they’re entitled to a bigger share of the property. Ohio is a no-fault divorce state for property division purposes, meaning marital misconduct generally isn’t a basis for awarding one spouse more property, unless that misconduct directly involved dissipating or hiding marital assets. Judges instead focus on the financial factors above, which can be a difficult adjustment for spouses who feel they were wronged in the marriage itself.

Working Toward a Fair Resolution

Property division is often one of the most contested parts of any divorce, largely because it requires putting a dollar value on things that carry emotional as well as financial weight, like a family home or a retirement account built over decades. An attorney can help identify what’s truly marital versus separate, bring in the right valuation experts, and negotiate or litigate toward a resolution that accounts for your full financial picture.

If you’re facing a divorce anywhere in the greater Cincinnati area, including Butler or Clermont County, Yonas & Phillabaum can help you understand what a fair division might look like in your specific case. Contact our office to schedule a consultation.