PUBLISHER’S NOTE: This blog is as meaningful today as it was when we originally posted it on March 3, 2023. Â…We have a ton of interesting articles in our archives of the Ohio Family Law Blog. Use our Search tool and enjoy a few oldie but goodies!
Divorce Likely? The Dangers If You Do Not Have a Prenuptial Agreement or a Postnuptial agreement in Place
As a longtime Ohio divorce lawyer, reading the recent comments made by country music singer Kelsea Ballerini about her divorce from Morgan Evans caught my attention. Kelsea complained on a recent podcast that Morgan “took half the house he didn’t pay for” and other things as well. She was upset that Evans (also a country singer) wrote a song and was profiting about him being “blindsided” by their break-up. Click here to listen to his song about it titled “Over for You”. Kelsea’s comments got me thinking and I thought I would write this blog about property division and spousal support in Ohio.
IF I EARN MORE, I SHOULD GET MORE!
I remember back in the late 70’s and early 80’s, men going through divorces commonly expressing this opinion when we met to discuss a potential divorce. Many were not happy to be told that is NOT how it works in Ohio. Back then most men were the primary breadwinners. Often times the agreed upon roles where the man was the primary breadwinner and the wife was the primary caregiver for their children. Ohio Courts by statute must divide property and debts equitably (not necessarily evenly to the penny). It is also immaterial how those marital assets are titled. They can be in one name solely or joint names. That doesn’t matter. Since they both jointly contributed to the marriage as a “partnership”, the fact that one party may have earned the majority of the income is a “non-factor.”
Times have certainly changed since back then. The number of women out-earning their partners is increasing significantly, according to a recent Pew Research Center study. Only 3.8% of wives earned more than their husbands back in 1960, but a 2020 TD Ameritrade survey found the number of female breadwinners has jumped to 21%. More than a quarter of wives report that they make as much as their husbands.
If you don’t have a prenuptial agreement or a postnuptial agreement (which becomes legal in Ohio on April 1, 2023), this “equitable division law” would control in the event of a divorce. For many years women were not breadwinners and really didn’t even have that opportunity until more recently. My point is that the primary breadwinner should NOT assume that if they divorce that they will retain the lion’s share of the assets.
WHAT DATE DOES THE COURT USE TO DIVIDE ASSETS IN DIVORCE?
The Courts have discretion to determine that as well. This determination can be a MAJOR one too! What the Court will look at is when the marriage partnership really came to an end. Even though the divorce has been filed were the parties still residing together and perhaps even going through counseling to try to keep their marriage together?
The date of separation is often utilized by the Courts as is the date of filing the divorce complaint. However, the Courts can also utilize the default date stated in the statute, which is the date of the final divorce Court Order. If you separate, open up a new bank account and prepare to account for your income and spending postseparation. If unfortunately, you realize that your marriage is over, and you are the primary breadwinner, delaying the divorce process may end up costing you a lot financially.
HOW IS SPOUSAL SUPPORT (ALIMONY) DETERMINDED IN OHIO?
Ohio Courts have a vast amount of discretion in determining the amount and length of spousal support. These Orders will vary, often greatly, from County to County and Judge to Judge. There is not a fixed formula in Ohio for spousal support like there is for child support awards.
Pursuant to Ohio Revised Code 3105.18, the Court must consider the following factors:
- Each person’s income;
- Each person’s earning ability;
- Each person’s age and physical condition;
- Each person’s retirement benefits;
- The required training and education one party would need to obtain appropriate employment;
- The relative extent of education of the parties;
- The duration of the marriage;
- Relative assets and liabilities;
- Their standard of living; and
- Any other relevant factors.
The difference in the parties’ incomes, their ages, and the length of their marriage are three of the most important factors. Discuss the specifics of your situation with an experienced divorce lawyer in your County to find out more. Presenting any generalizations here could be wildly misleading!
CONCLUSION
Getting good early divorce advice from an experienced family law lawyer is critical if you are considering a divorce. That doesn’t change no matter how much you earn, if you have kids, whether you are the wife or husband, or why the marriage has broken down. Be careful of generalizations you might read on the internet or well-intended advice from family or friends. There is little “black and white” in divorce law. The facts in your specific case can swing these issues and outcomes dramatically.
For all of you Kelsea Ballerini fans, click HERE to read an interesting article from People on March 1st about her being in a much better place after her divorce.
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Attorney Robert “Chip” Mues has been focusing his legal practice throughout Southwest Ohio primarily in divorce and family law matters since 1978. Chip is passionate about family law and has proudly published the Ohio Family Law Blog since 2007. In addition, he is the managing partner of Holzfaster, Cecil, McKnight & Mues. To learn more about him or the law firm, visit the firm’s website at www.hcmmlaw.com. Appointments are available in person, over the phone or by Zoom. Call us at 937 293-2141.
