How Rental Property Income Affects Divorce in Columbus, Ohio

If you or your spouse own rental properties in Columbus, Ohio, you may be wondering how the income from those properties will impact your divorce—especially when it comes to child support, spousal support, and property division.

The answer depends on whether you keep the properties after the divorce and how the court views the income they generate.

Rental Property as Marital Property in Columbus Divorces

In Columbus and throughout Franklin County, divorce courts apply Ohio Revised Code § 3105.171 when determining whether a rental property is marital or separate.

If the property was purchased during the marriage, or if marital funds were used to maintain or improve it, it’s generally considered marital property. When the court divides assets, the equity value of the property will go on the side of the spouse who is awarded the property.

For example, if you keep two Columbus rental homes worth $400,000 total, the court will offset that value by awarding other assets to your spouse to balance the division.

Rental Income and Child Support in Columbus

Ohio Revised Code § 3119.01(C)(13) defines “gross income” for child support as “income from all sources, including rents.” That means the net rental income—the rent collected minus legitimate expenses such as mortgage interest, property taxes, insurance, repairs, and maintenance—will be included in your income for the child support calculation.

In Franklin County Domestic Relations Court, the judge or magistrate will often rely on tax returns (particularly Schedule E) or other documentation to determine the average net income from the property. If you keep your Columbus rental properties after divorce, that income will likely continue, so it will be part of your ongoing ability to support your children.

Rental Income and Spousal Support in Columbus

When it comes to spousal support, Ohio Revised Code § 3105.18(C)(1)(a) requires the court to consider “income from all sources,” which includes rental income. If you are awarded the rental properties in your divorce, the court will likely factor that ongoing rental income into your ability to pay spousal support. If the properties are awarded to your spouse or sold, the court may exclude that income since it will no longer be available to you.

Avoiding “Double Dipping”

Many Columbus divorce clients worry about “double-dipping”—being required to pay spousal support based on rental income, while also having the equity value of those properties count against them in the property division. While property division and support are calculated separately, it’s important to ensure the court should use net rental income (after all legitimate expenses) rather than gross rents, so your support obligation isn’t inflated.

Key Takeaways for Columbus Residents

• If you keep your rental properties after divorce, net rental income will likely count toward both child support and spousal support.

• The court will calculate net rental income by subtracting necessary expenses from gross rents.

• If the property is sold or awarded to your spouse, the rental income may be excluded from future support calculations.

• An accurate accounting of rental income is essential to avoid paying more support than necessary.

  
  

Why You Should Work with a Columbus Divorce Attorney

Rental properties can be valuable investments, but in a Columbus divorce, they can also make your financial situation more complex. How these properties are handled can significantly affect your child support, spousal support, and overall settlement.

An experienced Columbus divorce lawyer can help you:

• Properly document net rental income

• Prevent inflated support obligations

• Negotiate a property division that works for your financial future

If you have rental properties and are going through a divorce in Columbus or Franklin County, our firm can help protect your rights and your bottom line.