While you may be focused on dividing assets and determining custody during your divorce, one other thing you will have to handle is debt. The general rule when it comes to dividing anything in a divorce in Ohio is that whatever anyone brought into the marriage or whatever is yours only remains so after the divorce. For example, if you owned a classic car before you got married and maintained it as only yours, then it will remain yours after the divorce. The way debt is handled is different, though, according to the Ohio Bar Association.
Ohio family law does not address debt in a divorce at all. There are no laws saying how a court must divide it. This makes it a tough situation when you have a lot of debt in a marriage and need to separate it out in the divorce. The final say remains with the judge who can do what he or she feels is best.
Generally, the judge will assign the debt in a few different ways. He or she may assign debt based on whose name the debt is in. However, there may be situations where this is not fair or not the best option in the judge's opinion. In those cases, he or she may divide the debt based on income or based on who incurred the debt. In some cases, when a judge feels it is proper, he or she may even divide debts equally.
The bottom line is there are no hard rules about dividing debt, so it is something you must plan for in your divorce. This information is for education and is not legal advice.