How do Ohio courts divide debt in high-asset divorces?

High-asset divorces can bring more financial complexity. When large incomes, business interests, and investments come into play, debt division becomes just as important as asset division.

Understanding marital debt in Ohio

In Ohio, marital debt includes any financial obligation taken on during the marriage. It doesn’t matter whose name is on the credit card or loan. If the debt supported the household or benefited both spouses, the court sees it as joint responsibility. Separate debt, like a loan taken out before marriage or debt tied to hidden spending, stays with the individual.

Factors courts consider in debt division

Courts look at many things when deciding how to divide debt in a divorce proceeding. Judges examine each spouse’s income, earning potential, and overall financial situation. If one spouse has more financial resources, they may be assigned a larger portion of the debt. 

The court also considers who benefited most from the debt. For example, if one spouse took out loans to support a business they now solely control, they may have to take that debt on themselves.

How high-value assets affect debt division

When a couple has substantial assets, the court may offset debts with property. For example, if one spouse keeps the family business, they might also take more of the business-related debt. The goal is a fair outcome—not necessarily a perfect 50/50 split. Courts aim to avoid leaving one spouse with all the liabilities while the other walks away with most of the wealth.

What you should expect

You should prepare for detailed financial disclosures and close scrutiny of all debts. High-asset divorces involve more records and often more disputes over what counts as fair. The clearer your records, the better the court can make an informed decision. Stay organized and know that debt is just as much a part of the process as dividing bank accounts or real estate.