Marital Domestic Separation and Property Settlement Agreement no Children parties may have Joint Property or Debts Effective Immediately - Ohio 2025

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Myth: My spouse is going to get half of everything. Ohio is not a community property state, and instead uses equitable distribution which does not mean a 50/50 split, just a fair one.
A settlement agreement differs from a separation agreement as it sets the terms for the divorce, not the separation. A settlement agreement should address all central issues of the divorce. This can include things like division of marital assets and debts, child custody, and child support, as well as spousal support.
Ohio law classifies property as either marital property or separate property. Marital property was acquired during the marriage and often includes the home, personal property, bank accounts, and retirement benefits. Separate property was acquired before marriage.
Generally, if you own a house before marriage, it is your separate property. The house would need to be titled in your name alone. If you add her name to the title, then it becomes a marital asset.
Legal separation protects a spouse financially because the separate property remains with the spouse who owns it, including property owned before marriage, received as a gift, or acquired through a will or intestacy.
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(2) A separation agreement that was voluntarily entered into by the parties may be enforceable by the court of common pleas upon the motion of either party to the agreement, if the court determines that it would be in the interests of justice and equity to require enforcement of the separation agreement.

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