If I am the bread winner and paid for the house and my husband leaves me for another woman, is he eligible for half or something less?
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If I am the bread winner and paid for the house and my husband leaves me for another woman, is he eligible for half or something less?
Also, if I am the sole owner of a savings account do I have to give up half? Finally, am I required to give up half of my retirement in a divorce when my husband did not contribute to his own retirement plan?
Asked on March 13, 2011 under Family Law, Ohio
Answers:
Denise Ferguson / Denise Ferguson Attorney At Law
Answered 13 years ago | Contributor
Was the home paid for during the marriage with earnings? Was the savings account accumulated during the marriage from earnings? Was the retirement accumulated during the marriage from earnings? If so, then it is considered marital property.
Ohio is an equitable distribution state so it is possible that the split could be something different than half however the marital portion of each of these would be divided by a court. It could be offset by the amount of debt that someone is awarded as well because any debt that has been acquired would also be considered marital.
Adultery may come into play for spousal support purposes. Spousal support is not a guarantee however and it is based on a variety of items such as differences in earnings between the parties, differences in earning capabilities, length of marriage, and assets each party is awarded among other things.
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