Mowery Youell & Galeano, Ltd.
Mowery Youell & Galeano, LTD. Attorneys at Law
485 Metro Place South, Suite 220 Dublin, OH 43017
Menu Contact
View Practice Areas

I'm entitled to half of everything in a divorce, or am I?

There is often a broad assumption that a spouse is entitled to his or her fair share, which amounts to exactly half of the marital assets. The truth is that what a spouse is entitled to during property division depends on the where they live, who their judge is or what process the couple decides to participate in.

In the United States, there are two major theories that guide the division of property during divorce. There is the community property theory, which states like Texas and California follow. Then, there is the equitable distribution theory, which Ohio law is based on. How do these differ?

First, we take a look at the theory of community property. This is where that “50/50” reasoning is found. While some people may argue that this is only fair, that word “fair” isn’t found anywhere in the process. There is basically no determination made by the judge beyond adding up the couple’s marital assets and dividing them in half.

Under the second theory of equitable division, factors such as the length of the marriage, education, age, health and others may be considered by the court. What is considered depends on the jurisdiction and how it is considered often lies with the discretion of the judge. A judge may determine, for instance, that a spouse who gave up career opportunities to raise the children may be entitled to a larger portion of the assets.

For those couples that want to have more individualized control over the process, they can choose alternative options such as negotiation. A couple can decide their own definition of fair and present a divorce settlement to the court. In other instances, a prenuptial agreement may control who gets what.

A blog post could never cover the extent of the law nor provide detailed advice for a particular situation, which is why it is so important to seek counsel from an experienced family law attorney in Ohio.

Source: The Huffington Post, “Why Where You Divorce Matters: Equitable Distribution vs. Community Property,” David Centeno, Aug. 28, 2013

These honors are evidence of the quality of counsel we are known for:

Email Us Today

Contact Our Attorneys Advanced Employment Law For The Columbus Area, With Offices In Dublin

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

485 Metro Place South, Suite 220
Dublin, OH 43017

Toll Free: 888-401-2692
Phone: 614-467-4923
Fax: 614-760-8654
Dublin Law Office Map

Review Us
office pin
Back to top