Q: I would like to know my rights and responsibilities in Ohio in case of separation or divorce.
My spouse hasn't contributed anything to my accounts in 15 years. I pay for everything, I handle all the bills, the taxes, my money goes toward renovations, trips, etc. I have a 401K, a Roth IRA and an HSA and would like to be able to keep that money. Is there a way I can do this? I know Ohio is a 50/50 state, but if there's a written agreement in place, am I good? Otherwise, what do I need to compromise on to keep at least most of my money? I would also like half the house if my spouse sells, but I want to move out and don't want any responsibility for the mortgage if I have to pay for my own place.
A: All those issues are part of the discussion you must have with your attorney, and cannot be answered on-line. It depends on all the facts and details. Marital property is subject to being divided, including retirement accounts. Any agreement between the spouses during the marriage is not enforceable. If the parties cannot agree on how to divide, then the court will decide. Your attorney can advise you of your options. Use the Find a Lawyer tab to retain a local family law attorney who can review it with you.
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