To file for divorce in Ohio, at least one spouse must have been a resident of the state for a minimum of six months prior to filing.

For a dissolution of marriage, the same six-month residency requirement applies to either spouse.

Ohio follows the principle of equitable distribution. This means marital property is divided fairly, though not necessarily equally.

Factors such as financial misconduct—for example, dissipating assets through gambling or an extramarital affair—may influence how the court allocates property and debt. 

Marital property generally refers to assets and debts acquired by either spouse during the marriage. Separate property, on the other hand, typically includes assets owned prior to the marriage, inheritances, gifts to one spouse, income from separate assets, and property identified as separate in a prenuptial or postnuptial agreement. 

Dissolution is available only when spouses reach full agreement on all issues—including property division, debt allocation, and parenting arrangements. If the parties cannot agree, divorce is the appropriate process, allowing the court to resolve disputes. 

In Ohio, spousal support—often called alimony—is financial assistance that one spouse may be required to pay to the other after separation or divorce. Its purpose is to help both spouses maintain financial stability as they move forward.

Spousal support is not about punishment; it’s about fairness—especially when one spouse earned significantly less or gave up career opportunities during the marriage.

Unlike child support, there’s no set formula for calculating spousal support in Ohio. Judges look at many factors, including each person’s income, earning ability, health, age, length of the marriage, standard of living, and financial needs.

The court’s goal is to reach a fair outcome based on the unique circumstances of each couple.

There’s no one-size-fits-all answer. The court decides how long support should continue based on factors like the length of the marriage, income differences, and each spouse’s financial situation. In some cases, support may last only a few years; in longer marriages or where health or age is a factor, it may be indefinite.

Support typically ends if either spouse dies, the recipient remarries, or another condition set in the divorce decree occurs.

Can spousal support be changed after the divorce is final?

Yes—if your divorce decree says the court keeps jurisdiction to modify it. If that’s the case, a change in spousal support can be requested when there’s a substantial change in circumstances, such as job loss, retirement, serious illness, or a major income change. The court must approve any modification; payments can’t be changed on your own.

What happens if my financial situation changes after the divorce?

If your income significantly decreases or your expenses rise due to circumstances beyond your control, you may be able to request a modification of your spousal support order. Likewise, if your former spouse’s financial situation improves or they begin living with a new partner who provides support, the court may also review the arrangement.

An experienced family law attorney can help you determine whether your situation qualifies for a modification and guide you through the process.

Do I need to establish paternity in order to seek custody during divorce? 

Not if the child was born during the marriage. Ohio law presumes that the husband is the legal father of a child born during the marriage. However, if the child was born before the marriage and paternity has not been legally established, DNA testing may be required before custody rights can be determined.