Columbus, OH asked in Divorce and Family Law for Ohio

Q: If the wife committed adultery, how can the husband go about ending the marriage with no spousal support in final ruling

My wife cheated on me no longer than 7 months ago. We are still legally married with no legal separation. We are no longer living together as of a week ago. There are a lot of things regarding finances and property her and I are going over. However, I am curious as to how her betrayal benefits me in ending the marriage.

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1 Lawyer Answer

A: Pursuant to section 3105.171 concerning equitable division of marital and separate property - distributive award in Divorce the Ohio Legislature has ruled the court shall provide for an equitable division of marital property prior to making any award of spousal support to either spouse and without regard to any spousal support so awarded. There are many factors in this same section of the code which dictates how courts should award spousal support including the duration of the marriage, the assets and liabilities of the spouses, property distribution, tax consequences and any other factor the court expressly finds to be relevant and equitable.

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