Divorce in Kentucky v. Ohio

As a divorce attorney who practices in both Kentucky and Ohio I am often asked about differences. The main difference is what the law presumes as well as what the judges (and magistrates) expect.

1. Custody. The legal term of joint custody (KY) and shared parenting (OH) have the same meaning.
   1. Ky. In Kentucky there is a legal presumption of joint custody and equal timesharing for the children.  This may be overcome if it is proven that joint custody and equal time is not in the best interest of the children, but it is the starting point.
   2. Oh. Ohio law starts with the basic mother as custodial parent and father with visitation. This is codified in cases where the parties are unmarried and shared parenting, while becoming more common, is not recognized as the preferred resolution. That said, when parties are married the large majority of cases result in a shared parenting arrangement.
2. Child Support.  Child support in Kentucky is generally much lower than Ohio.
   1. Ky. When equal parenting is awarded, there is an offset of child support. If the parties have equal time AND earn approximately equal incomes, then there is no child support awarded.  Often there is a small child support amount based on inequality of incomes. Joint custodians also share the expenses for the child(ren), including school,  daycare, extracurricular, medical, dental and many other costs. Kentucky law has formula for calculating based on the number of overnights each parent has with the children.
   2. Oh. Ohio law presumes that the father pays child support to mother. Many courts will reduce this amount based on shared parenting plan, however there is no law to base calculation in shared parenting.  This often results in significant argument and litigation over parenting and support.
3. Spousal Support.  Referred to as maintenance in Kentucky and spousal support or alimony in Ohio. Spousal support is not taxable to the receiving party, nor is it tax deductible to the paying party since IRS law changed 1/1/2019. (Unless agreement signed prior to 12/31/2018)
   1. Ky. Kentucky law has a 2 part statute. Maintenance is intended to allow party to meet their reasonable needs. This term may be litigated regarding what is reasonable and necessary.
   2. Oh.  Ohio law is often interpreted as equalizing the parties’ incomes so that they are on equal footing. Many judges will equalize the parties’ incomes on temporary basis and for longer period of time based on the length of marriage..
4. Disclosures.  Both states require disclosure of assets and debts, together with any claims for non-marital property. Documentation should be provided and exchanged between counsel.
   1. Ky. Initial disclosures are generally acceptable.
   2. Oh. Disclosures in most counties require full and complete disclosure of all assets.
5. Divorce v. Dissolution.
   1. Kentucky refers to every case as a dissolution, whether contested or uncontested. Kentucky is a “no fault” divorce state, so there is no basis for dissolution other than irreconcilable differences.
   2. Ohio has divorce if the parties have not entered into an agreement for division of assets and debts and custody.
      1. Dissolution is filed if parties agree on all terms. A separation agreement is signed by the parties prior to filing. If children are involved, parties also have a custody agreement or shared parenting plan, signed prior to filing. The only grounds for dissolution are incompatibility.
      2. Divorce. If parties have not agreed on terms, a divorce is filed.  The filing party must allege grounds for the divorce. Most common is incompatibility, however if the other party contests the incompatibility claim, another basis for divorce is required. Those include: habitual drunkenness, gross neglect of duty, willful absence over 1 year and adultery. 

For questions regarding divorce or dissolution in Ohio or Kentucky, please contact an experienced attorney.  For consultation, contact Michael Bouldin at 859-581-6453 or email [email protected]