Retirement Assets Attorney in Columbus
It’s important to have a Columbus attorney for retirement assets in divorce who understands Ohio laws concerning the equitable distribution of assets. One of the key elements that a court uses to determine whether or not an asset is a good candidate to be equitably distributed is the relative liquidity of the asset. Since retirement accounts generally do not avail themselves to liquidity until you are of retirement age and, in fact, are better off left alone, it may be much easier to protect them than other assets.
This, of course, depends on a number of factors. The most important is: what is your former spouse’s earning power?
In cases where your spouse has a comparable earning power and significant retirement assets themselves, the court may seek to leave your retirement assets alone. However, there are some other considerations to bear in mind. For instance, your behavior throughout the marriage can have a profound impact on what the court considers “equitable”. Amid allegations of abuse or infidelity, the court may seek to “punish” an offending spouse by favoring the other during the division of assets.
If you are being accused of such allegations, it can impact how the court decides to distribute marital property. Still, the burden of proof is on the individual who is making the allegations. If your former spouse wants to pursue fault-based grounds in a marriage, they will need to provide evidence to the court that you committed one of the grounds that Ohio uses to establish fault. A Columbus, OH divorce attorney can help you through this process.