Dedicated to the Success of Our Clients
At Erb Legal LLC, we are dedicated to helping clients in Northeast Ohio with every element of their divorce cases, including the identification, evaluation, and division of marital property. In order to reach the equitable outcome required by Ohio law, all of a divorcing couple’s assets and debts must be accounted for, and each must be assigned an accurate value. Our skilled lawyers are well versed in the statutes that govern asset division in Ohio, and we have the tools to help you throughout the process.
According to Ohio law, marital property must be divided equitably between the spouses during a divorce. It is important to understand that “equitable” does not always mean “equally.” In an equitable distribution state like Ohio, the court will allocate marital property based on a consideration of each spouse’s circumstances. Before the marital estate can be divided, however, the court must first identify which assets and debts are considered marital property.
In Ohio, marital property is virtually any property acquired by either or both spouses during the marriage, including:
Separate property, by comparison, is not subject to division during the divorce and generally includes property acquired before the marriage, inheritances, gifts to one spouse, and proceeds for pain and suffering from a personal injury claim. It could also include property obtained during the marriage that is kept separate. A prenuptial agreement may also specify that certain property should be treated as separate in the event of divorce.
Assigning a value to certain types of property is fairly straightforward. For example, it is easy to determine how much money is in a savings account. Other assets, such as retirement investments, business holdings, and even the marital home, are more complex. At Erb Legal LLC, we recognize that determining an asset’s value may require the help of outside professionals. Our attorneys will guide you in finding the right experts and reaching an agreement regarding asset valuation whenever possible.
Once the marital estate has been identified and evaluated, the court must divide marital property in a manner that is fair and just to each spouse. The court will take a number of factors into account, including:
In certain situations, the court may order payments to be made out of one party’s separate property to facilitate the equitable division of marital property. These payments are called “distributive awards” and may also be used in lieu of dividing the marital estate at the court’s discretion.
If you have questions about the property division process in Northeast Ohio, contact Erb Legal LLC for guidance. Call (330) 446-3606 for a free, no-obligation consultation with a member of our experienced team. We serve clients in Medina, Brunswick, Ravenna, Wadsworth, Wooster, Orrville, Northlawn, Akron, Summit County, Wayne County, Portage County, and Medina County.