Anyone know what the deal in Ohio is for spousal support... my soon to be ex's lawyer told him because I have not worked , I would be entitled to spousal support and he would have to pay for schooling for me to get back into the work force, however, the getting back in the work force won't be an issue if my Social Security Disability is approved, BUT, does anyone know about pension? My husband already receives his pension, some have said I'm entitled to 50%, some have said it's based on how long you've been married and in our case would only be 20%? Anyone know the law in Ohio? We've been marrried 16 years

Pension plans are divisible marital property, to the extent value accrued during the marriage.

In most states, unvested pensions earned during marriage are marital assets to be considered in the equitable distribution.

Section 3105.171(A)(3)(a)(I).

Cases:

Sprankle (1993) 621 N.E.2d 1310 (The parties had been married for 23 years. Their only substantial assets were a house and the pension. The husband kept the house, and the couple's three children were living there with him. The court stated that forcing cash distribution is preferable, to let the parties separate their futures. But here, the court upheld an order that the wife share the husband's pension payments when they were made.)

Hoyt (1990) 559 NE2d 1292 (The court has broad discretion to structure the pension settlement, either as an immediate payout or as a payout to occur when the pension starts paying out.)

Quote:

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Originally Posted by no harm trying

Pension plans are divisible marital property, to the extent value accrued during the marriage.

In most states, unvested pensions earned during the course of marriage are marital assets to be considered in the equitable distribution.

Section 3105.171(A)(3)(a)(i).

Cases:

Sprankle (1993) 621 N.E.2d 1310 (The parties had been married for 23 years. Their only substantial assets were a house and the pension. The husband kept the house, and the couple's three children were living there with him. The court stated that forcing cash distribution is preferable, to let the parties separate their futures. But here, the court upheld an order that the wife share the husband's pension payments when they were made.)

Hoyt (1990) 559 NE2d 1292 (The court has broad discretion to structure the pension settlement, either as an immediate payout or as a payout to occur when the pension starts paying out.)

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I'm not reading these cases the same way you are - while you have quoted certain parts of Appellate Court decisions, the general thrust of at least the first case is not explained
By this quote - the first case, at least, addresses the lower Court's decision far more than it addresses this general question.

It appears to say the whole pension question is more of a "you give me this, I give you that" negotiation.

How do you interpret the entire opinion, not just this paragraph as it relates to this question?

Maybe I'm misreading the opinion. Always open to learning.

I don't know about the schooling part but, he would be responsible for spousal support. It depends on how much he makes and how long you were married. To give you an idea - when my husband and I almost divorced, he earned almost 100K and we were married 11 years at that point, I would/could have received almost $900 per month for 4 years. Also, I was told that I was entitled to half of his 401K because all of it was earned while in the marriage.

We live in Ohio.

And a dissolution is if you both agree on all of the terms. Does he agree with all of this?

Quote:

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Originally Posted by NowWhat

I don't know about the schooling part but, he would be responsible for spousal support. It depends on how much he makes and how long you were married. To give you an idea - when my husband and I almost divorced, he earned almost 100K and we were married 11 years at that point, I would/could have received almost $900 per month for 4 years. Also, I was told that I was entitled to half of his 401K because all of it was earned while in the marriage.

We live in Ohio.

And a dissolution is if you both agree on all of the terms. Does he agree with all of this?

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Dissolution is a legal term to describe the end of a marriage by agreement, by trial, by whatever means. It does not mean that the parties are in agreement nor do you need the parties to be in agreement in order to dissolve a marriage.

Quote:

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Originally Posted by JudyKayTee

Dissolution is a legal term to describe the end of a marriage by agreement, by trial, by whatever means. It does not mean that the parties are in agreement nor do you need the parties to be in agreement in order to dissolve a marriage.

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Okay, I was told by my attorney that what sets a "dissolution" apart from say a contested divorce was that both parties agreed on all of the terms of the divorce. So basicially when you were in front of the judge, all the work was done.

That is just how a dissolution was described to me.

Quote:

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Originally Posted by NowWhat

Okay, I was told by my attorney that what sets a "dissolution" apart from say a contested divorce was that both parties agreed on all of the terms of the divorce. So basicially when you were infront of the judge, all the work was done.

That is just how a dissolution was described to me.

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Must vary State to State -

With Social Security, if you were married ten years or more, you are entitled to receive part of his SS benefits as he is yours.

In my dissolution in 2003, I was given 50% for 10 years worth of my ex-husband's pension, which I could begin to access either when he retires or turns 63. Now he is thinking about retiring and is planning to take me back to court to have this absolved. I received no assets from the marriage and we had been married 18 years before the separation and just shy of 20 years at the time of completion.

My question is, will he have a chance to be successful in eliminating my claim to that portion of his pension?

He probably will not be successful. It's this side of impossible to change the terms of a divorce - if this was a divorce.

What about a dissolution? He was able to get the child support changed from none to me paying him monthly.

I don't know what a dissolution means. I assume you mean dissolution of the marriage - divorce.

Child support changes as income rises and falls. No surprise there. Child support is part of a divorce. The dollar amount is subject to change.