How will the marital portion of our high assets be determined?

Family Law specialists with over 59 years of experience.

You will need to look at when you acquired the assets. For example, if you bought a piece of property while you were single, then it is considered separate property. If you opened an investment account before marriage, it is also separate property.

However, things typically get complicated in two situations:

  • You continue to make investments while you were married. For example, you might have opened a retirement account while single, but you continued to make contributions while married. The entire account cannot be considered separate property because you are using money you earned while married, which is marital property, to invest in the account.
  • The asset you acquired while single has appreciated in value while you were married. For example, you might have bought a summer home while single but paid for a major renovation while married. The asset is worth much more now, and you can’t claim the entire equity as separate property.

Determining the marital portion will require a close look at the assets. For example, an accountant can look at an investment account and check how much you contributed to the account while single versus how much you invested while married. If a piece of real estate was improved, an appraiser can calculate the increase is value based on the improvements.

A valid prenuptial agreement can also state what will be considered separate property and what will be considered marital property in the event of a divorce. A prenuptial agreement can trump the state’s rules on property division during divorce so long as the agreement is not unconscionable.

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Our Practice Areas

Family Law

Attorneys for Divorce, Child Custody & More At the Lawrence Law Office, we are committed to helping families in conflict find creative solutions that focus on addressing their goals and...


Columbus & Delaware, OH Divorce Lawyers In Ohio, there is more than one way to separate from your partner and dissolve your marriage. A divorce is typically a contested proceeding, with each side...

Contempt and
Enforcement and
Post divorce

When working through your divorce with an Ohio family law attorney, chances are your divorce agreement made allowances for child support. spousal support or

Business owner

Dividing the marital assets between divorcing people can be one of the most contentious issues during the entire divorce process. Ohio law allows the couple to work together with...

Child Custody

Dividing the marital assets between divorcing people can be one of the most contentious issues during the entire divorce process. Ohio law allows the couple to work together with...

High Asset
Divorce Cases

Helping With Child Custody, Visitation & Support Updates Or Modifications Sometimes circumstances substantially change after a divorce and require parents to revisit an existing...


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