Anyone who has ever had to relocate and move their household to a new location can attest to the fact that individuals can acquire and accumulate “stuff” at an alarming rate. When an Ohio resident gets married and has children, that process can accelerate as there are more people in their household who are getting and keeping items of property. In the event that a marital partnership breaks down and heads to divorce, the parties may be forced to identify and distribute all of their property between them so that they can move their lives forward separately.
Property division is an important element of divorce and, in Ohio, this process follows the rules of equitable distribution. When property is “equitably” distributed it is not necessarily “equally” distributed. Instead, courts weigh many factors to determine what type of distribution would be fair for couples. Factors that may be considered are: how long the marriages lasted; what needs that the parties may have after they divorce; and the debts the parties may carry out of their divorces.
Equal division is therefore possible in an Ohio divorce, if it is also equitable. Every divorce and the parties to it are different, and therefore it is not possible for predictions to be made regarding how different property divisions issues will be resolved.
While divorcing parties keep their separate property, shared marital property must be divided up when partners choose to end their marriages. Equitable division can be a tricky legal concept that can have different outcomes depending on the cases of the parties.