Hartley Law Office, LLC

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Dayton Family Law Blog

Modification of spousal support in Ohio

As this blog has previously discussed, Ohio family law courts have the discretion to order one party to a divorce or legal separation to pay spousal support, which commonly gets referred to as alimony, to the other party.

Unlike many family law matters, spousal support orders which Ohio courts made can be re-examined and changed from time to time. However, Ohio law has some quirks with respect to spousal support about which Dayton residents need to be aware.

Why would I waive my military retirement pay?

Many members of the military who work at Wright-Patterson Air Force base here in the Dayton area may one day hope to earn retirement pay via their service to the country.

This pension can be very helpful as a career servicemember transitions in to civilian life, and it is also something that many members of the Armed Services take great pride in earning.

What is the difference between a divorce and a dissolution?

If you determine that ending your marriage is the right choice for your situation, it may be valuable for you to assess your options for this process. In Ohio, you can end your marriage with either a divorce or a dissolution. Although the two processes essentially do the same thing, they represent a different approach you and your spouse can take as you go about ending your marriage.

When is divorce appropriate?

Review of Ohio legal separations

Although this blog has touched on the topic before, residents of the Dayton area should remember that, like some of the other states, Ohio offers couples the option of getting a legal separation, as opposed to a divorce, should they decide to split.

Legal separations in Ohio work very similarly to divorces. Basically, the spouse who wants the legal separation must allege specific grounds for getting one. Reasons like incompatibility and living separately for a year are among the grounds one can use as a basis for asking for a legal separation.

We represent business owners going through divorce

Divorce can be a hard enough process for Dayton, Ohio, residents even when they have a modest income and a few simple assets.

Divorce can get downright frustrating, and even overwhelming, when a couple also owns a family business, even when the business is legally only in the name of one of the parties. Incidentally, issues relating to a business can come up in legal separation proceedings and even, in some cases, splits between unmarried couples as well.

Four social media don’ts during a divorce

Social media has become a daily part of many people’s lives. It is where you go to celebrate goals achieved, show off cute photos of your kids and vent about things that upset you.

However, during a divorce, what you post on social media can hurt you. In cases across the country, social media posts are being used as evidence in divorce proceedings. Here are some social media behaviors you should avoid during a divorce.

Can I keep my health care after a divorce?

For many couples living in and around Dayton, Ohio, health care is a major issue. Not only is it expensive, it also is often an essential lifeline that gives both spouses, as well as their children, access to the care and treatments they need to thrive and sometimes even to survive.

When a couple divorces, they both will continue to need health care, so their split can complicate matters with respect to health insurance. In fact, health insurance issues sometimes steer a couple toward a legal separation in lieu of a divorce.

Rate of couples over 50 who divorce continues to climb

While the divorce rate among younger couples has declined or, in the case of couples between 40 and 49, climbed slightly, the rate of those over 50 who choose to end their marriages has skyrocketed over recent years. Between 1990 and 2015, the number of people over 50 who divorce each year has doubled from about five per 1,000 to about 10 per 1,000, or one in 100.

There are a number of reasons for this. For starters, because people are living longer they may have more of an incentive to consider getting a divorce and, to their reckoning, moving on with life.

More on capital gains tax considerations in divorce

A previous post talked about how a resident of Dayton, Ohio, should think long and hard about fighting for the marital residence. One of the concerns that post mentioned was whether or not the person wanting to keep the house can afford taxes.

Indeed, taxes should be a consideration in just about any divorce or separation involving a significant number of investment assets. With certain key exceptions, most investments are subject to what is called a capital gains tax.

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