Q: Divorce question.
My wife and I are seperated and getting a divorce. She has offered to settle out of court with her getting 20% of my income. She says I should take the deal because if we go to court she will be granted 33% automatically. She's claims to to have medical conditions that won't allow her to work. Does she have to prove that she can't work?
A: If a person claims they cannot work, that is one issue that a court could consider, and could require proof. Otherwise, the court could assume how much income that person should be able to earn in calculating spousal support amounts. There is no "automatic 33%" formula. Each case is decided by the judge based on all the facts. It would be prudent to talk to an attorney before agreeing to any proposal that she might offer. Use the Find a Lawyer tab to retain a local family law attorney who can review all the facts and advise you.
Raquel Ann Parish agrees with this answer
A: It is always advised to immediately consult an attorney when one spouse is claiming the other spouse should just "take the deal." Divorces in Ohio are granted pursuant to Ohio Revised Code Chapter 3105 where the Ohio legislature has laid out the rules such as in section 3105.171 for the equitable division of marital and separate property. Spousal support is discussed in section 3105.18 which concerns awarding spousal support and modifications of spousal support. There are many factors involved in divorce awards of marital property and spousal support and someone going through Divorce should seek the advise of counsel to understand all of their rights and options concerning their case. Many attorneys offer no cost no obligation consultations. Parties can look in the attorney search tab to find an attorney to talk with today.
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