Might You Be Entitled to a Distributive Award of Property in Your Divorce Case?
What Constitutes Normal Property Division in a Divorce?
When a divorce occurs, property and assets are to be split equitably by the Court which typically involves a 50/50 split. This approach generally covers all property obtained during the marriage. This is true regardless of the basis (or grounds) for the break-up of the marriage.
What Happens if One Spouse Commits Financial Misconduct?
Unfortunately, sometimes a party anticipating a divorce will commit acts of fraud, concealment or transfer property to avoid dividing any assets. When this type of conduct occurs and it can be sufficiently proven, courts may order an unequal division of property and issue a “distributive award”. The courts are given broad discretion in deciding how to separate the assets, and this discretion is given significant deference on review by appellate courts.
Statutory Definition Regarding Property Division in a Divorce:
ORC 3105.171 states that in a divorce or dissolution:
“(3) The court shall require each spouse to disclose in a full and complete manner all marital property, separate property, and other assets, … Read More... “Divorce in Ohio: Can the Court Order an Unequal Property Division?”
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