Equitable Distribution Attorney

Family Law Specialist With Over 63 Years of Experience

The concept of equitable distribution is defined in the Ohio Revised Code § 3105.171.

Many people know that Ohio is an equitable distribution state when it comes to dividing assets in a divorce. However, many also don’t know precisely what that means. Indeed, you can’t grasp the concept simply by reading into the term’ equitable distribution.’ There are a number of other terms that must be understood before we unpack the concept of equitable distribution of assets after divorce in Columbus, Ohio.

For instance, what is marital property?

Understanding Marital Property under Ohio Law

When it comes to distributing assets in a divorce, there are two kinds of assets: Assets that are property of each spouse and assets that are property of the marriage. Property that was acquired before the marriage or is the product of an inheritance will remain the property of the individual spouse. All property that was acquired during the marriage is considered “marital property,” and that is what the court will consider when it comes time to divide the property between the two spouses.

Equitable Distribution Does Not Necessarily Mean Equal

The court will begin with the presumption that the most equitable kind of distribution is an even split. However, spouses may bring arguments as to why an even split is not necessarily equitable. Equitable here means fair. There are a number of reasons why an equal distribution may not be fair. There may be considerations such as child support and alimony that will also need to be taken into account. Furthermore, there are a number of other factors that the court will consider when dividing property. These include:

• The relative earning power of each spouse. In cases where there is a large disparity in the earning power of one spouse versus another, the court will seek to ensure that the spouse without a great deal of earning power is cared for. This is particularly true when one spouse has devoted their time to raising children and keeping house. It will be assumed that this spouse will also have primary custody of the children, so child support and alimony will play a role as well.
• How much the marital property is worth. The judge will need to consider the overall value of the marital property when determining whether a 50/50 split will put a spouse with less earning power in a difficult financial situation.
• Whether it makes financial sense to keep the assets together or divide them. If, by dividing an asset, the asset loses value, or it doesn’t make financial sense to divide an asset, the judge will have to decide whether or not it should remain with one or the other spouse. Real estate, for example, is not necessarily an asset you want to divide.
• Fault in a divorce. The court can consider fault in Ohio. By pursuing a fault-based marriage, you can essentially leverage the other spouse in issues such as custody and property division. This becomes an important factor to consider when a judge rules on issues such as property division and alimony.

What About Retirement Accounts

Many people are surprised to find out that retirement benefits are included when determining property division. Pensions and retirement accounts aren’t off-limits if they were earned during the marriage. That includes 401(k)s, IRAs, and pensions. If it accrued wealth while you were married, it will likely be considered marital property and subject to equitable division.

These accounts may be split between the two of you, or they can be used for bargaining, allowing one spouse to claim their contributions while the other gets something of equal value.

Many retirement accounts have tax consequences if the funds are accessed or withdrawn incorrectly. Most accounts will require you to complete a Qualified Domestic Relations Order (QDRO) to access the funds while avoiding tax penalties.

Navigating the divorce process without considering its impact on your future retirement can be a disaster waiting to happen. Don’t get blindsided by things you thought would be regarded as separate property. Call 614-810-4124 to schedule a free consultation with the Lawrence Law Office today. With a little preparation, you can avoid nasty surprises.

What Happens to Debts During Property Division in Ohio?

Property division in a divorce isn’t just about who keeps the house or the car. It also means figuring out who’s responsible for paying off the debt that piled up during the marriage. And that part of the process can get just as messy, if not more so.

In Ohio, the division of assets goes hand in hand with debt division. Just like the court looks at what you’ve built together, it also looks at what you owe. Credit cards, loans, and medical bills are all part of the marital estate if it was taken on while you were still legally married. Even if the debt is only in one spouse’s name, it may still be considered joint if it benefited both people. Most people don’t realize it until they’re knee-deep in the divorce, but yes, debt gets split too. And not always 50/50. Ohio courts look at what’s fair, not necessarily what’s equal. So if one spouse racked up charges behind the other’s back or used marital funds for personal spending, that’s going to matter. Judges weigh things like income, job prospects, and who actually ran up the bills. In some cases, the court might say: this one’s on you.

This is where a good, equitable distribution lawyer makes a real difference, especially if one person’s trying to leave the other holding the bag. The court’s going to look at separate property, personal property, and anything protected by a prenuptial agreement. If you’ve got an inheritance or assets that weren’t part of the marriage, that could help balance out the rest of what’s on the table.

For couples with retirement benefits, mortgages, or shared financial resources, the asset and debt division piece becomes even more critical. Judges also look at whether the debt helped maintain the household or contributed to shared responsibilities, like paying for the family home or covering childcare. If it didn’t benefit both spouses or the family, that matters.

Bottom line? Debts are just as much a part of the property division process as assets. And if you’re dealing with significant obligations or a spouse who didn’t manage money responsibly, you’ll want a seasoned family law attorney in your corner. The Columbus property division attorneys at Lawrence Law Office can help you make sense of what’s fair and fight for a result that protects your financial future.

What Counts as Financial Misconduct in an Ohio Divorce?

When things start to unravel, it’s not unheard of for one spouse to make a few questionable moves, such as withdrawing money, opening new cards, or suddenly racking up debt. In Ohio, such behavior can fall under financial misconduct, and it plays a real role in how the court handles the division of property.

That kind of behavior can show up in a few ways:

• Spending marital funds on an affair or personal luxuries
• Hiding money in separate accounts
• Racking up debt out of spite
• Transferring assets owned to family or friends to keep them off the table
• Undervaluing business interests or skipping out on disclosure

If the court finds that one person intentionally wasted or hid marital assets, it can order a distributive award to make up for it. In other words, the other spouse might get a larger piece of what’s left. That’s part of how Ohio courts make sure things are divided equitably, not necessarily divided equally.

These decisions also depend on income level, the value of separate assets, and other relevant factors, like whether there’s a legal separation, a history of financial abuse, or complicated financial matters at play. In high-conflict cases, especially those involving many assets or marital passive income, the outcome can shift fast based on what the court considers fair.

Mediation and Litigation

When a divorce goes through litigation, each spouse is required to submit their assets to the court. In this case, that information becomes public record. For obvious reasons, and especially in high-asset divorces, divorcing couples will not want to make their financials public. To avoid this, the couple will mediate the process of dividing assets. In other words, they won’t force the court to rule on property division, alimony, and other issues.

Working together throughout your divorce proceedings makes it easier to customize your divorce decree to suit your specific needs. It is often faster, cheaper, and more private to take the uncontested divorce route. This option will still require you to present your mutual plan to the court for them to finalize, but so long as the agreement is fair and doesn’t favor one spouse over the other, the judge shouldn’t have an issue with signing off on it.

Both spouses should have an attorney who helps them navigate this process. Whether you choose to go through mediation or realize you won’t be able to work things out without a judge stepping in, experienced representation can help you clear those legal hurdles without tripping up on any surprises. If you know mediation will be impossible, then it’s time to start planning for the courtroom.

The Lawrenc Law Office is prepared to guide you through either process and ensure your property division is fair for both parties.

Having the Right Attorney Makes All the Difference

Regardless of whether or not you choose mediation, litigation, or anything in between, it’s important to understand the role your attorney plays in the process. Our job is to advocate on your behalf and ensure that your interests are accommodated when the divorce is finalized. This means protecting property that you want to keep and ensuring that your needs are met financially. In some cases, alimony can be used as a tradeoff in cases where you do not want to give up a certain property, but the court would require a better financial outcome for the other spouse.

The Columbus, Ohio, equitable distribution attorneys at Lawrence Law Office have helped numerous spouses protect their interests in a divorce. Our attorneys act as tireless advocates for our clients. Give us a call at 614-810-4124 or contact us online to set up an appointment today.