Ohio § 3105.171

§ 3105.171.

(A) As used in this section: (1) “ Distributive award ” means any payment or payments, in real or personal property, that are payable in

a lump sum or over time, in fixed amounts, that are made from separate property or

income, and that are not made from marital property and do not constitute payments

of spousal support, as defined in section 3105.18 of the Revised Code . (2) “ During the marriage ” means whichever of the following is applicable: (a) Except as provided in division (A)(2)(b) of this section, the period of time from

the date of the marriage through the date of the final hearing in an action for divorce

or in an action for legal separation; (b) If the court determines that the use of either or both of the dates specified in

division (A)(2)(a) of this section would be inequitable, the court may select dates

that it considers equitable in determining marital property.  If the court selects dates that it considers equitable in determining marital property,

“ during the marriage ” means the period of time between those dates selected and specified by the court. (3)(a) “ Marital property ” means, subject to division (A)(3)(b) of this section, all of the following: (i) All real and personal property that currently is owned by either or both of the spouses,

including, but not limited to, the retirement benefits of the spouses, and that was

acquired by either or both of the spouses during the marriage; (ii) All interest that either or both of the spouses currently has in any real or personal

property, including, but not limited to, the retirement benefits of the spouses, and

that was acquired by either or both of the spouses during the marriage; (iii) Except as otherwise provided in this section, all income and appreciation on separate

property, due to the labor, monetary, or in-kind contribution of either or both of

the spouses that occurred during the marriage; (iv) A participant account, as defined in section 148.01 of the Revised Code , of either of the spouses, to the extent of the following:  the moneys that have

been deferred by a continuing member or participating employee, as defined in that

section, and that have been transmitted to the public employees retirement board during

the marriage and any income that is derived from the investment of those moneys during

the marriage;  the moneys that have been deferred by an officer or employee of a municipal

corporation and that have been transmitted to the governing board, administrator,

depository, or trustee of the deferred compensation program of the municipal corporation

during the marriage and any income that is derived from the investment of those moneys

during the marriage;  or the moneys that have been deferred by an officer or employee

of a government unit, as defined in section 148.06 of the Revised Code , and that have been transmitted to the governing board, as defined in that section,

during the marriage and any income that is derived from the investment of those moneys

during the marriage. (b) “Marital property” does not include any separate property. (4) “ Passive income ” means income acquired other than as a result of the labor, monetary, or in-kind

contribution of either spouse. (5) “ Personal property ” includes both tangible and intangible personal property. (6)(a) “ Separate property ” means all real and personal property and any interest in real or personal property

that is found by the court to be any of the following: (i) An inheritance by one spouse by bequest, devise, or descent during the course of

the marriage; (ii) Any real or personal property or interest in real or personal property that was acquired

by one spouse prior to the date of the marriage; (iii) Passive income and appreciation acquired from separate property by one spouse during

the marriage; (iv) Any real or personal property or interest in real or personal property acquired by

one spouse after a decree of legal separation issued under section 3105.17 of the Revised Code ; (v) Any real or personal property or interest in real or personal property that is excluded

by a valid antenuptial or postnuptial agreement; (vi) Compensation to a spouse for the spouse's personal injury, except for loss of marital

earnings and compensation for expenses paid from marital assets; (vii) Any gift of any real or personal property or of an interest in real or personal property

that is made after the date of the marriage and that is proven by clear and convincing

evidence to have been given to only one spouse. (b) The commingling of separate property with other property of any type does not destroy

the identity of the separate property as separate property, except when the separate

property is not traceable. (B) In divorce proceedings, the court shall, and in legal separation proceedings upon

the request of either spouse, the court may, determine what constitutes marital property

and what constitutes separate property.  In either case, upon making such a determination, the court shall divide the marital

and separate property equitably between the spouses, in accordance with this section.  For purposes of this section, the court has jurisdiction over all property, excluding

the social security benefits of a spouse other than as set forth in division (F)(9)

of this section, in which one or both spouses have an interest. (C)(1) Except as provided in this division or division (E) of this section, the division

of marital property shall be equal.  If an equal division of marital property would be inequitable, the court shall not

divide the marital property equally but instead shall divide it between the spouses

in the manner the court determines equitable.  In making a division of marital property, the court shall consider all relevant

factors, including those set forth in division (F) of this section. (2) Each spouse shall be considered to have contributed equally to the production and

acquisition of marital property. (3) The court shall provide for an equitable division of marital property under this

section prior to making any award of spousal support to either spouse under section 3105.18 of the Revised Code and without regard to any spousal support so awarded. (4) If the marital property includes a participant account, as defined in section 148.01 of the Revised Code , the court shall not order the division or disbursement of the moneys and income

described in division (A)(3)(a)(iv) of this section to occur in a manner that is inconsistent

with the law, rules, or plan governing the deferred compensation program involved

or prior to the time that the spouse in whose name the participant account is maintained

commences receipt of the moneys and income credited to the account in accordance with

that law, rules, and plan. (D) Except as otherwise provided in division (E) of this section or by another provision

of this section, the court shall disburse a spouse's separate property to that spouse.  If a court does not disburse a spouse's separate property to that spouse, the court

shall make written findings of fact that explain the factors that it considered in

making its determination that the spouse's separate property should not be disbursed

to that spouse. (E)(1) The court may make a distributive award to facilitate, effectuate, or supplement

a division of marital property.  The court may require any distributive award to be secured by a lien on the payor's

specific marital property or separate property. (2) The court may make a distributive award in lieu of a division of marital property

in order to achieve equity between the spouses, if the court determines that a division

of the marital property in kind or in money would be impractical or burdensome. (3) The court shall require each spouse to disclose in a full and complete manner all

marital property, separate property, and other assets, debts, income, and expenses

of the spouse. (4) If a spouse has engaged in financial misconduct, including, but not limited to, the

dissipation, destruction, concealment, nondisclosure, or fraudulent disposition of

assets, the court may compensate the offended spouse with a distributive award or

with a greater award of marital property. (5) If a spouse has substantially and willfully failed to disclose marital property,

separate property, or other assets, debts, income, or expenses as required under division

(E)(3) of this section, the court may compensate the offended spouse with a distributive

award or with a greater award of marital property not to exceed three times the value

of the marital property, separate property, or other assets, debts, income, or expenses

that are not disclosed by the other spouse. (F) In making a division of marital property and in determining whether to make and the

amount of any distributive award under this section, the court shall consider all

of the following factors: (1) The duration of the marriage; (2) The assets and liabilities of the spouses; (3) The desirability of awarding the family home, or the right to reside in the family

home for reasonable periods of time, to the spouse with custody of the children of

the marriage; (4) The liquidity of the property to be distributed; (5) The economic desirability of retaining intact an asset or an interest in an asset; (6) The tax consequences of the property division upon the respective awards to be made

to each spouse; (7) The costs of sale, if it is necessary that an asset be sold to effectuate an equitable

distribution of property; (8) Any division or disbursement of property made in a separation agreement that was

voluntarily entered into by the spouses; (9) Any retirement benefits of the spouses, excluding the social security benefits of

a spouse except as may be relevant for purposes of dividing a public pension; (10) Any other factor that the court expressly finds to be relevant and equitable. (G) In any order for the division or disbursement of property or a distributive award

made pursuant to this section, the court shall make written findings of fact that

support the determination that the marital property has been equitably divided and

shall specify the dates it used in determining the meaning of “during the marriage.” (H) Except as otherwise provided in this section, the holding of title to property by

one spouse individually or by both spouses in a form of co-ownership does not determine

whether the property is marital property or separate property. (I) A division or disbursement of property or a distributive award made under this section

is not subject to future modification by the court except upon the express written

consent or agreement to the modification by both spouses. (J) The court may issue any orders under this section that it determines equitable, including,

but not limited to, either of the following types of orders: (1) An order granting a spouse the right to use the marital dwelling or any other marital

property or separate property for any reasonable period of time; (2) An order requiring the sale or encumbrancing of any real or personal property, with

the proceeds from the sale and the funds from any loan secured by the encumbrance

to be applied as determined by the court.