Family Law Questions? Ask a Family Lawyer Online.
The Ohio Supreme Court has held that retirement benefits accumulated during marriage are marital assets and are to be "equitably" divided as part of a divorce since they basically represent deferred wages earned during the marriage that are being held for future distribution. “Equitable” division means a "fair" (not necessarily equal) division.
For social security benefits, a former spouse can receive benefits based on the spouse's record if:
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the marriage lasted 10 years or longer;
age 62 or older;
The benefit based on one's own work is less than the benefit he or she would receive based on the spouse's work; and
the employed spouse is entitled to Social Security retirement or disability benefits.
Additionally, the court can order that one spouse pay the other spouse's legal fees so that a divorce may be obtained. It is typically asked in the moving papers, and is most common when one spouse has the control of marital property.
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