Ohio Divorce Laws: What You Need to Know

Divorce is an unfortunate reality of life, as some marriages simply don’t stand the test of time. Financial issues following a divorce don’t have to be your reality, though. To avoid money problems, be sure to familiarize yourself with the laws and procedures in your state. Once you feel like you have a solid understanding, set aside some time before the divorce process begins to plan your finances. This guide covers the laws in Ohio so every Buckeye State resident knows what to expect as their divorce moves forward.

A financial advisor can be a helpful partner during your divorce, helping you create a financial strategy for an independent future.

How to File for Divorce in Ohio

Eligibility

To be eligible for a divorce in Ohio, at least one spouse must have lived in the state for at least six months. One spouse must also have lived in the county in which the divorce is being filed for at least 90 days.

Grounds for a Divorce in Ohio

Ohio has both no-fault and fault-based divorces.

No-fault divorce. A no-fault divorce is far more common and has two legal grounds: living apart for at least a year and incompatibility.
Fault-based divorces. Fault-based divorces are very rare in Ohio, but there are several acceptable grounds:
- Adultery
- Failure to provide financial support
- Bigamy
- Willful absence for a year
- Extreme cruelty
- Fraudulent contract
- Any gross neglect of duty
- Habitual drunkenness
- Imprisonment in a state or federal institution at time of complaint filing

Process to Divorce

The first step of the divorce process in Ohio is to complete the required forms and file them with the court. This includes a divorce complaint, also known as a petition for dissolution. If you have children, you must also file an affidavit about their residence and health insurance.

If both spouses agree to the divorce and all its terms, they can file together for a dissolution of marriage. You must prepare an agreement in advance and then submit it to the judge for a final decision.

If both spouses can’t attend a final hearing (due to a military deployment, for example), they will not be eligible for a dissolution of marriage. However, an uncontested divorce is an option.

Sometimes, the two parties are unable to come to an agreement. In this case, they need a contested divorce.

After one party files, the other is served with papers and must respond to the court. Next, there is a discovery process involving financial disclosures, evidence-gathering and witness interviews.

Keep in mind that Ohio is an equitable distribution state. That means the division of marital assets takes into account several factors:

The divorcing couple’s assets and debts
Each party’s financial needs
Financial contributions to the marriage
Total length of the marriage
Future employability
Earning power
Money management habits

These factors help provide the court with a comprehensive overview so it can divide assets equitably – although not necessarily evenly.

The two parties will try to come to a settlement agreement, possibly with the help of a mediator. However, if a settlement agreement cannot be reached, a trial will be scheduled. During this time, the judge will hear from witnesses and review evidence before ruling on all relevant matters.

How to Split Up Assets During a Divorce in Ohio

A lawyer handing over a key to their client.

Any property acquired during the marriage, including pension assets, is considered marital property for the purpose of an Ohio divorce.

The only exception is a gift or inheritance that one spouse receives, as this is considered separate property and therefore not subject to the divorce ruling. Any property obtained before the marriage is also considered separate property.

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How to Divide Property in Ohio After a Divorce

The court can consider various factors when dividing property after a divorce in Ohio, including:

Length of the marriage
Each spouses’ assets
Custody of children
Liquidity of property
Tax consequences
Retirement benefits

There may be other factors of consideration based on what the court deems relevant.

How to Manage Child Support and Alimony Under Ohio Divorce Laws

There are specific guidelines for managing child support in Ohio.

Generally, only a parent who is noncustodial (meaning the child does not live with them) will pay child support. This is because it is assumed that the custodial parent is must spend money to raise the child. The exact payments are based on each parent’s income, as well as the total cost of raising the child.

The term alimony is no longer used in Ohio, having been replaced by spousal support. Spousal support can be ordered temporarily during a divorce trial to maintain the status quo. It can also be ordered to be paid after the divorce is finalized.

There is no strict formula to determine support payments, instead using multiple factors, such as:

Income
Earning ability
Ages and health
Retirement benefits
Duration of marriage
Child care obligations
Education
Assets and debts
Each party’s contribution to the other spouse’s education and earning ability
Tax consequences
Any lost earning capacity caused by the marriage

401(k) and IRA and Divorce in Ohio

A divorce may involve splitting up a 401(k) or other retirement savings plan as part of the settlement.

Remember, any money put into the account during your marriage is considered marital property. As such, the judge may order that some of the money in the account be transferred to the other spouse.

If this is the case, a qualified domestic relations order (QDRO) will be issued. This allows withdrawals to be made without incurring penalties that normally accompany an early withdrawal.

The money withdrawn can be given directly to the relevant spouse, but this means it will be subject to regular income tax. It can also be rolled over into a new retirement plan.

If dividing an individual retirement account (IRA), a QDRO is also required. However, the judge’s ruling will give explicit instructions about what should happen to any funds being transferred.

How Divorce Affects Taxes in Ohio

Divorce alters how taxes apply to income, assets and future financial decisions.

After a divorce is finalized, spouses can no longer file jointly and must use a new filing status for that tax year, depending on household circumstances. This change alone can shift tax brackets, eligibility for tax credits and overall tax liability.

Property division itself usually does not trigger an immediate tax bill. Assets transferred between former spouses under a divorce decree generally move without current tax recognition. However, the recipient assumes the asset’s existing tax history, including its cost basis, which matters if the asset is sold later at a gain.

Support payments also carry specific tax treatment. Child support is treated as a personal expense rather than income, so it is neither deductible nor taxable. Spousal support agreements finalized under the current law do not create taxable income for the recipient, nor do they provide a tax deduction for the payer, potentially influencing settlement negotiations.

Retirement accounts require careful handling during divorce.

Court-ordered transfers allow retirement assets to move between spouses without early withdrawal penalties, but the tax obligation follows the account. When distributions are eventually taken, they are taxed according to the receiving spouse’s income and tax situation at that time.

Divorce and Estate Planning in Ohio

If you and your spouse had an estate plan while you were married, now is the time to revisit it because your spouse is still likely listed as your beneficiary after your death.

Consider naming new beneficiaries in your will and create trusts if you want to pass assets to any minor children. Be sure to also check the designated inheritor on all of your financial accounts, including any retirement accounts.

This is also a good time to check in with your ex regarding plans for your kids if you both die. You may have had a plan while married, but it is critical to ensure that it still works for everyone going forward.

Bottom Line

Ohio has both fault and no-fault divorces. A dissolution of marriage is a simple option the state provides if both spouses agree on the terms for the divorce. If not, there will likely be a mediation and, if needed, a trial to determine issues like custody and the distribution of assets for both spouses.

Divorce Financial Planning Tips

A financial advisor can help you create a financial plan for your needs and goals, regardless of marital status. SmartAsset’s free tool matches you with vetted financial advisors who serve your area, and you can interview your advisor matches at no cost to decide which one is right for you. If you’re ready to find an advisor who can help you achieve your financial goals, get started now.
Getting divorced may mean you need to find a new place to live. Think about whether you want to rent or buy now that you’re on your own. This is an especially important decision if you have kids that will be living with you part- or full-time.