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Distribution Type
Equitable Distribution
Default Split
50 / 50
Income Adjustment
Equitable

Methodology

Equitable distribution with presumption of equal division

Ohio presumes equal division of marital property but permits equitable distribution when equal division would not be equitable. Courts separately classify and retain separate property for its owner.

Statutory Factors

The following factors are commonly evaluated under Ohio law:

  1. Duration of the marriage
  2. Income and liabilities of each spouse
  3. Contributions to the marriage including homemaking
  4. Future earning capacity
  5. Tax consequences
  6. Waste or dissipation of marital assets
  7. Custodial needs
  8. Any other factors for fairness

Statute Reference

Citation: Ohio Rev. Code §3105.171

Source: https://codes.ohio.gov/ohio-revised-code

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Citation
Ohio Rev. Code §3105.171
Source URL
https://codes.ohio.gov/ohio-revised-code
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Reference Library

Ohio Property Division

Ohio Revised Code §3105.171 governs property division with a presumption of equal division of marital property. Courts may deviate from equal division based on the length of the marriage, liquidity of marital property, economic desirability of retaining assets, tax consequences, costs of sale, and other relevant factors. Separate property must be distributed to its owner and is not subject to equitable distribution.

Citation: Ohio Rev. Code §3105.171

Source: https://codes.ohio.gov/ohio-revised-code

Last updated: 2026-05-19T01:39:53.904621