Ohio Property Division Calculator
Calculate marital property division with Ohio's equal division presumption
Based on ORC 3105.171 equitable distribution factors
Based on ORC 3105.171 equitable distribution factors
Unlike some states, Ohio law presumes that marital property should be divided equally (50/50). However, courts can deviate from equal division based on statutory factors in ORC 3105.171 if equal division would be inequitable.
Marital vs. Separate Property in Ohio
Marital Property (Divided)
- Property acquired during marriage
- Income and appreciation during marriage
- Retirement benefits earned during marriage
- Real estate purchased during marriage
- Appreciation of separate property during marriage (may be marital)
Separate Property (Not Divided)
- Property acquired before marriage
- Inheritances and gifts to one spouse
- Property designated separate in valid agreement
- Personal injury awards (except lost wages)
- Property acquired after decree of legal separation
Ohio requires 'tracing' to prove property is separate. If separate property is commingled with marital property or you cannot trace it to its separate source, it may be considered marital property.
Calculate Your Property Division
Ohio Property Division Calculator
Enter your assets and debts to estimate division
ORC 3105.171 Division Factors
When determining whether to deviate from equal division, Ohio courts consider these factors.
Duration of Marriage
The length of the marriage
Assets and Liabilities
The assets and liabilities of each spouse
Desirability of Award
The desirability of awarding the family home to the spouse with custody of the children
Liquidity of Property
The liquidity of the property to be distributed
Economic Desirability
The economic desirability of retaining an asset or interest intact
Tax Consequences
The tax consequences of the property division
Costs of Sale
The costs of sale if needed to effectuate equitable distribution
Division Pursuant to Separation Agreement
Any property division pursuant to a separation agreement
Retirement Benefits
The retirement benefits of each spouse
Any Other Factor
Any other factor the court expressly finds to be relevant and equitable
Ohio-Specific Rules
- Presumption of equal division (50/50) but equitable
- Clear distinction between marital and separate property
- Financial misconduct can affect division
- Passive appreciation of separate property may be marital
- Date of final hearing used for valuation
- Distributive award option (payment over time)
Ohio Retirement Division
Ohio has unique rules for public retirement systems:
- OPERS: Ohio Public Employees Retirement System
- STRS: State Teachers Retirement System
- SERS: School Employees Retirement System
- OP&F: Ohio Police & Fire Pension Fund
Division requires a DOPO (Division of Property Order) rather than a QDRO. Only the "marital portion" (earned during marriage) is divisible.
Important Legal Disclaimer
This calculator provides estimates only and is not legal advice. Ohio property division is subject to judicial discretion based on the factors in ORC 3105.171. While Ohio presumes equal division, actual outcomes may vary. Consult with an Ohio family law attorney for advice specific to your situation.
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