Tappahannock, VA asked in Divorce and Family Law for Ohio

Q: We both make close to the same amount of money, will there be alimony? We both own the house, what happens?

My husband and i are currently in marriage counselling and I fear that a divorce might be the result. Any guidance to make this as financially friendly and peaceful as possible, is greatly appreciated. We do not have kids, only 2 cats.

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1 Lawyer Answer
Bridget Sciscento
Bridget Sciscento
  • Cleveland Heights, OH
  • Licensed in Ohio

A: It's difficult to say based on the small amount of information provided whether or not a Court would be likely to award spousal support. This is decided based on about a dozen factors; however, differential in income is one factor (and usually the most important). The Court will consider things such as whether either of you contributed to the other's career, your relative retirement assets, length of marriage, etc.

For your house, normally there are 2 options if you are both on the deed and mortgage: (1) it is sold and proceeds are split or (2) one of you retains the house, refinances, and pays the other 50% of the equity in the house to the date of marriage.

In Ohio, cats are considered property. So, the Court will view them the same as say a necklace. While this isn't fair to your pets (or you and your spouse) be prepared to have to figure out the cats between you and your spouse, or through your attorneys.

Nicholas P. Weiss agrees with this answer

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