If I am the bread winner and paid for the house and my husband leaves me for another woman, is he eligible for half or something less?

Get Legal Help Today

secured lock Secured with SHA-256 Encryption

If I am the bread winner and paid for the house and my husband leaves me for another woman, is he eligible for half or something less?

Also, if I am the sole owner of a savings account do I have to give up half? Finally, am I required to give up half of my retirement in a divorce when my husband did not contribute to his own retirement plan?

Asked on March 13, 2011 under Family Law, Ohio

Answers:

Denise Ferguson / Denise Ferguson Attorney At Law

Answered 11 years ago | Contributor

Was the home paid for during the marriage with earnings? Was the savings account accumulated during the marriage from earnings? Was the retirement accumulated during the marriage from earnings? If so, then it is considered marital property.

Ohio is an equitable distribution state so it is possible that the split could be something different than half however the marital portion of each of these would be divided by a court. It could be offset by the amount of debt that someone is awarded as well because any debt that has been acquired would also be considered marital.

Adultery may come into play for spousal support purposes. Spousal support is not a guarantee however and it is based on a variety of items such as differences in earnings between the parties, differences in earning capabilities, length of marriage, and assets each party is awarded among other things.

 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption