Answer: I am honestly not familiar with Ohio law, but in the State of New York and in most states in the U.S., both husband and wife will be treated equally regarding the granting of spousal support from the spouse who earns more during the course of the marriage. In your case, since your wife […]
Answer: I am honestly not familiar with Ohio law, but in the State of New York and in most states in the U.S., both husband and wife will be treated equally regarding the granting of spousal support from the spouse who earns more during the course of the marriage. In your case, since your wife was earning the major portion of your marital income, and continues to earn such income, the courts will require her to provide spousal support for you, at least for a short period of time to allow you to improve your professional skills and become self supporting.
Such spousal maintenance will not be granted for ever and will be limited to a specific time frame in order for you to start working again full time. If you are unable to work because of disability, obviously the court will consider spousal maintenance for a more extended period.
Regarding the division of marital assets, you are absolutely correct that If Ohio is a community property State or a equitable distribution State, you should be entitled to approximately one half of all of the marital property (the definition of “marital property” you will find in an earlier Answer on this web site).
You should also be entitled to request child support if the child (ren) are living with you.
Leonard M. Weiner, Esq./Divorce Solutions