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Legal Information: Ohio

Divorce

Laws current as of October 1, 2024

What is separate property?

In Ohio, separate property includes:

  • an inheritance received by either spouse, even if it was received during the marriage;
  • property either spouse owned before the marriage;
  • income or increased value from separate property that doesn’t involve putting in any work or investment during the marriage (passive income);
  • property either spouse got after a legal separation;     
  • property that isn’t considered marital property because of a prenuptial or post-nuptial agreement; 
  • money from personal injury lawsuits or settlements, except for amounts covering lost marital income or expenses paid from marital funds; and
  • gifts that are clearly given to only one spouse.1

1 Ohio Rev. Code § 3105.171(A)(6)(a)

Legal Information

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