Ohio

All states

Luck of the Draw score: 75 out of 100

Ohio starts from an equal split of marital property and leaves spousal support, including how long it lasts, to the judge’s weighing of factors. Fee awards are left to what the judge finds equitable, and there is no way to remove a judge without cause. On the book’s scale, 0 is a contract you can read and 100 is one that mostly says “ask the judge.” Ohio ranks 25 of 51, counting from the state that leaves the least to the judge. How the index works, and every state’s score.

Part	Score	The rule, and where it comes from
Property	5 / 20	The division of marital property must be equal unless an equal division would be inequitable, in which case the court divides it equitably, and separate property is returned to its owner. Ohio Rev. Code § 3105.171(C)(1), (D)
Alimony	20 / 20	The court decides whether spousal support is appropriate and reasonable and sets its nature, amount, terms and duration by weighing fourteen statutory factors, with no formula or cap. Ohio Rev. Code § 3105.18(C)(1)
Fault	10 / 20	Neither the property statute nor the spousal support statute lists marital fault, but each has a catch-all for any other factor the court expressly finds relevant and equitable, and financial misconduct is addressed separately. Ohio Rev. Code §§ 3105.171(E)(4), (F)(10); 3105.18(C)(1)(n) (not yet checked against the source)
Lawyers’ fees	20 / 20	The court may award all or part of reasonable attorney’s fees and litigation expenses to either party if it finds the award equitable. Ohio Rev. Code § 3105.73(A)
Second opinion	20 / 20	A party may seek removal of a judge only by an affidavit of disqualification alleging interest, bias, prejudice or another disqualifying ground, and property and spousal support are decided without a jury. Ohio Rev. Code § 2701.03(A)

Getting in

No waiting period. Both people apply in person at the probate court in a county where either lives, or where the ceremony will occur if neither lives in Ohio. There is no waiting period: the judge may issue the license any time after the application. The license expires 60 days after it is issued. Each person must show proof of age.
R.C. 3101.05(A), 3101.07, 2101.16(A)(46), 3113.34

Who can marry you. A minister licensed by the Secretary of State, the governor or a former governor, a county, municipal or probate judge, a mayor, or the superintendent of Ohio deaf and blind education services may officiate. A religious society may also join a couple under its church rules, the only route without an individual officiant. The statute does not address online ordination; ministers must show credentials of regular ordination or licensing.
R.C. 3101.08, 3101.10

Common-law marriage: Closed to new couples. Ohio has prohibited forming a common-law marriage since October 10, 1991. One formed in Ohio before that date and never legally ended stays valid. Ohio also honors one validly formed, before or after that date, in another state or nation that recognizes common-law marriage.
R.C. 3105.12(B)

Chapter 5 of the book covers getting in, and whether you are in at all.

The property system

Ohio is one of forty-one equitable distribution jurisdictions. Equitable distribution. Each of you owns what’s in your own name during the marriage. At a divorce a judge divides the marital property as the judge finds equitable, which is not a promise of half. Chapter 11 of the book covers what that means, and Chapter 22 covers what happens to it when you move.

What counts as marital. Marital property is what either spouse acquired from the wedding through the final divorce hearing, though the judge may choose other dates if those would be inequitable. Inheritances, premarital property and gifts to one spouse stay separate. Passive growth on separate property stays separate; growth caused by a spouse’s labor, money or in-kind contribution is marital. Marital property is divided equally unless that would be inequitable.
R.C. 3105.171(A)(2), (A)(3), (A)(6), (C)(1)

An inheritance that touches a joint account

It can stay separate if you can trace it. An inheritance is separate property, and mixing it with other property, including in a joint account, does not change that unless it can no longer be traced. Holding property in joint names does not by itself make it marital.
R.C. 3105.171(A)(6)(a)(i), (A)(6)(b), (H)

Chapter 12 explains how mine becomes ours.

Your spouse’s medical bills (Article 5)

The spouse who got the care pays first. Each married person must support himself or herself first, and the other spouse must help only if that person is unable; a creditor must first seek payment from the spouse who incurred the debt, and the statute does not make spouses jointly liable. If the debtor spouse has died, the creditor must first present its claim to that spouse’s estate.
Ohio Rev. Code § 3103.03; Embassy Healthcare v. Bell, 155 Ohio St.3d 430, 2018-Ohio-4912

Chapter 8 of the book explains the three ways states handle this.

If one of you dies (Article 9)

A surviving spouse who elects against the will takes the intestate share, capped at one-half of the net estate, or one-third if two or more of the decedent’s children or their descendants survive; the share is measured against the net probate estate, not an augmented estate.
Ohio Rev. Code § 2106.01(C)

Chapter 9 covers what a will can and can’t take away from a spouse.

Prenups and postnups (Article 12)

Two looks, under case law only for premarital agreements (Gross v. Gross); own statute for postnuptial agreements (R.C. 3103.061). A premarital agreement is valid if entered freely without fraud, duress, coercion or overreaching, with full disclosure or full knowledge of the other’s property, and if its terms do not promote divorce; property terms are judged as of signing, but spousal support terms are also reviewed for conscionability at the time of divorce. Since March 23, 2023, spouses may make postnuptial agreements, valid if in writing, signed by both, entered freely, made with full disclosure or knowledge, and not promoting divorce.
Gross v. Gross, 11 Ohio St.3d 99 (1984); Ohio Rev. Code §§ 3103.06, 3103.061

What an agreement needs. A premarital agreement must be in writing and signed by the party to be charged under the statute of frauds; Ohio requires no notarization, witnesses, waiting period or independent counsel, but requires full disclosure or full knowledge and understanding of the other’s property. Spousal support waivers are allowed, but a court may refuse to enforce one that is unconscionable at the time of divorce.
Ohio Rev. Code § 1335.05; Gross v. Gross, 11 Ohio St.3d 99 (1984); Ohio Rev. Code § 3103.061 (postnuptial)

Chapter 29 explains one look and two, and what makes agreements stick.

Children (Article 8)

Child support: income shares. Ohio uses an income shares model built on the parents’ combined income. Support ends at 18, or continues while the child attends high school full time, generally stopping at 19. It runs longer for a disabled child who cannot self-support, or when the parents agreed in a separation agreement. A judge has no statutory power to order college support without that agreement.
R.C. 3119.021, 3119.86, 3119.861; ODJFS 2023 Child Support Guidelines Report

Moving away with a child. A residential parent who plans to move must file a notice of intent to relocate with the court that issued the parenting order; the statute sets no number of days. The court may then hold a hearing on whether changing the parenting schedule serves the child’s best interests. Changing custody itself also requires a change in circumstances.
R.C. 3109.051(G)(1), 3109.04(E)(1)(a)

Chapter 17 covers the children.

Getting out (Article 2)

How long you must live here before filing: six months. The filing spouse must have lived in Ohio at least six months immediately before filing. To file in the county where they live, they must have lived there at least 90 days. It does not matter whether the marriage or the cause of the divorce occurred in Ohio.
R.C. 3105.03; Ohio Civ.R. 3(C)(9)

How long it takes. Either spouse can get a divorce without proving fault after one uninterrupted year of living apart. A case filed sooner must rest on another ground and be amended once the year is complete. Incompatibility works only if the other spouse does not deny it. No divorce may be heard until 42 days after service. A dissolution requires both spouses.
R.C. 3105.01(J), (K); Ohio Civ.R. 75(K); Harding v. Harding, 2005-Ohio-3010 (8th Dist.); Etheridge v. Etheridge, 2018-Ohio-2537 (1st Dist.); McMillan v. McMillan, 2021-Ohio-698

The legal minimum for a spouse who moves here alone and files as soon as allowed, with no minor children and the other spouse objecting, is about 407 days from arrival to a final decree (365 days apart before filing + 42-day wait after service; 180 days of residence fits inside it). Courts often take longer.

Chapter 22 covers what changes when you move.

Each entry on this page comes from the statute, rule or case it cites, read in September or November 2026, except where the entry says it has not been checked. A rule can change after that, and a rule on paper can play out differently in a particular courthouse. No lawyer reviews these pages.

If you practice family law in Ohio and would like to correct or contribute to this page, write to me.

Meanwhile

• The default contract, with the options states choose among. Read it with a Ohio lawyer, or paste it into a chatbot along with “I live in Ohio” and treat what comes back as a list of questions, not answers.
• Three contracts you could sign instead.
• A worksheet for reading it together, and every state’s Luck of the Draw score.
• Corrections, including changes in the law since the book went to press.
• About the book.