Hamilton, OH asked in Divorce and Family Law for Ohio

Q: I am finally filing for divorce based on abuse, and theft. Would it be pointless to file alimony? I was used and abused.

I paid for everything with promises to pay me back but never did. He stole my car and everything in my apartment was stolen. Not to mention the facts that he blacked me eye swollen shut for 3 weeks, busted my mouth open and made me strip so he could search me.

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2 Lawyer Answers
Todd B. Kotler
Todd B. Kotler
Answered
  • Canton, OH
  • Licensed in Ohio

A: Your story is incredibly sad and it sounds like you will be better off without this guy. You should contact an attorney in your area to represent you as you present complex facts. Generally, everything you bring into a marriage remains your separate property. Any bills you paid and incurred during your marriage are marital debt. Spousal support may be a factor but this is heavily fact dependent (on duration of marriage and the income / resources of the parties) and should be analyzed by a lawyer familiar with the Domestic Relations court in your county.

Kelly A Rochotte
Kelly A Rochotte
Answered
  • Cleveland, OH
  • Licensed in Ohio

A: The answer to your question about alimony, or spousal support, will depend on a number of factors that are listed in Ohio law. Specifically, R.C. 3105 sets out the factors for a court to award spousal support. The length of the marriage and the respective income of the parties are perhaps the most important aspects. You should definitely consult with an attorney in your county and see what options are available to you. Above all, you should make sure you're in a safe location and have a safe roof over your head before you file to avoid further violence.

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