Ohio Family Law Blog

Financial Considerations Regarding Ohio’s Postnuptial Agreement Law

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Postnuptial Agreements Can Help Protect Financial Interests in Divorce

PUBLISHERS NOTE:

Over the last 40 years I have seen the benefits that collaborating with various professionals from other fields can achieve in my divorce work. My training and experiences are that of a divorce lawyer, so I know that area of law pretty well. However, many times, creating a multidisciplinary “team approach” with therapists, counselors, financial planners, CPAs, and appraisers can make a world of difference for the client!

So, once Ohio passed the law allowing for creating postnuptial agreements, I reached out to today’s guest contributor, Alyssa Miller. She is the Managing Director of Alternative Divorce Solutions in Centerville. Alyssa and her father and business partner, Ben Feldmeyer, have an excellent reputation in the Dayton community for providing a wide range of financial services and support in divorces, estate planning and other business matters throughout Southwest Ohio.

Alyssa and Ben were very excited after we discussed the potential benefits this statute has opened up in Ohio. Alyssa shares below some thoughts from her perspective as a Certified Financial Planner, Certified Divorce Financial Analyst and a Certified … Read More... “Financial Considerations Regarding Ohio’s Postnuptial Agreement Law”

Division of Household Goods in an Ohio Divorce

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Dividing household goods in a divorce…can’t decide so flip a coin?

A few minutes ago, I happened to hear that old 2006 song, “Give it Away” by George Strait. I listed to the lyrics again and thought, “Why can’t division of household goods in most divorce cases be this easy”?

Here are the lyrics that I am referring to:

She was stormin’ through the house that day
And I could tell she was leavin’
And I thought, “Aw, she’ll be back”
‘Til she turned around and pointed at the wall and said

“That picture from our honeymoon
That night in ‘Frisco Bay
Just give it away”
She said, “Give it away”

“And that big four poster king sized bed
Where so much love was made
Just give it away”
She said, “Just give it away”

Just give it away
There ain’t nothing in this house worth fightin’ over
Oh, and we’re both tired of fightin’ anyway
So just give it away
(SKIPPED A FEW VERSES)

And I said, “Now honey
Don’t you even want your half of everything?”
She said, “Give it away
Just give it away”… Read More... “Division of Household Goods in an Ohio Divorce”

“Scam Alert – Watch out!”

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Military Consumers Suffer More Loses Financially From Fraud According To BBB Scam Tracker Report

Better Business Bureau Creates the “BBB Scam Tracker” For Businesses and Consumers To Report Both Successful and Attempted Acts of Fraud

Perhaps you have been getting emails, phone calls or texts either telling you to verify information or if you don’t your account will be suspended. Or maybe you have been asked by what appears to be a credible source that you need to be in contact with them in order to get your package delivered. Maybe you have been contacted by the “IRS” and “they” are informing you if you do not get in contact with them, you will be going to jail for non-payment. Or perhaps you receive a very official looking email with what appears to be the logo of a company you have used before, such as the Geek Squad or Amazon asking for you to update your financial information or risk having your account terminated.

Unfortunately, scams such as these are becoming all too common. So, who do you turn to if you think you are a victim … Read More... ““Scam Alert – Watch out!””

If I Make More Money Than My Spouse, Are Things Still Split 50/50 in a Divorce?

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Divorce Likely? The Dangers If You Do Not Have a Prenuptial Agreement or a Postnuptial agreement in Place

As a longtime Ohio divorce lawyer, reading the recent comments made by country music singer Kelsea Ballerini about her divorce from Morgan Evans caught my attention. Kelsea complained on a recent podcast that Morgan “took half the house he didn’t pay for” and other things as well. She was upset that Evans (also a country singer) wrote a song and was profiting about him being “blindsided” by their break-up. Click here to listen to his song about it titled “Over for You”. Kelsea’s comments got me thinking and I thought I would write this blog about property division and spousal support in Ohio.

IF I EARN MORE, I SHOULD GET MORE!

I remember back in the late 70’s and early 80’s, men going through divorces commonly expressing this opinion when we met to discuss a potential divorce. Many were not happy to be told that is NOT how it works in Ohio. Back then most men were the primary breadwinners. Often times the agreed upon roles where the man … Read More... “If I Make More Money Than My Spouse, Are Things Still Split 50/50 in a Divorce?”

Now That Postnuptial Agreements are Legal in Ohio, Might One Make Sense for You?

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Want To Create a Postnuptial Agreement? It is now Legal in the Stare of Ohio.

Postnuptial Agreement can be a very Practical Step to Avoid Confusion if a Marriage Should Terminate

Finally Ohio has joined 48 other states and is now permitting postnuptial agreements to be executed and recognized. This is extremely significant news for married couples in Ohio! Click here to read our blog about this law change which we posted here on February 11, 2023.

WHAT ARE POSTNUPTIAL AGREEMENTS?

Generally speaking, a postnuptial agreement is a tool of protection. It can modify or revoke a prior prenuptial agreement or be drawn to control marital finances and assets in the event of divorce or death. Under Ohio law a spouse cannot be disinherited under a will. Ohio law provides what minimum property a spouse must receive absent a prenup or postnuptial agreement.

KEY PURPOSES FOR CREATING A POSTNUPTIAL AGREEMENT

While married couples generally do not want to contemplate the end of their marriage, executing a postnuptial agreement can be a very practical step to avoid confusion in the event a marriage ends for any reason. … Read More... “Now That Postnuptial Agreements are Legal in Ohio, Might One Make Sense for You?”

Location Tracking Dangers Using Apple AirTags

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Apple AirTags Dangers: Is GPS Tracking an Invasion of Privacy In Ohio?

Must Read Tips To Avoid Unwanted Malicious GPS Tracking From Apple AirTags

Warnings have been issued by attorneys general in NY and Pennsylvania recently regarding malicious intent with Apple’s tracking device, the AirTag, as instances of people receiving notifications on their phone that their location is being tracked has risen over the last few months.

The AirTag was originally designed by Apple as a method of tracking easily lost items, like keys, backpacks, luggage, etc., using BlueTooth technology. According to Patch.com, though, the devices are being found by unsuspecting victims in “various places including in bags and pockets, under cars, inside of bumpers and the back of license plates.”

“It’s something about the size of a quarter and if you think about that, I mean, you can really hide a quarter just about anywhere. It can be slipped into a pocket or a purse, could be stuck to a car if you want to track someone’s car,” said Alex Hamerstone, a tech expert at TrustedSec.

GPS Tracking Not Considered Invasion of Privacy

Postnuptial Agreements Will Soon Become Legal in Ohio

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Ohio Law Recognizes Postnuptial Agreements and Treats Them the Same as Prenuptial Agreements

Ohio SB 210 expands a married couple’s ability to enter into agreements with each other to modify their legal relations. By passing SB 210, Ohio law now recognizes postnuptial agreements and treats them the same as prenuptial agreements. Prenuptial agreements are those that are entered into BEFORE marriage, while postnuptial agreements are those that are entered into AFTER marriage. This new law goes into effect the end of March. Click here to read it.

A few of the most notable provisions of Ohio’s new Postnuptial Agreements law enabling spouses to modify their marriage are as follows:

Expands the ability for spouses to enter into agreements that alter legal relations.
Establishes postnuptial agreements and treats them the same as antenuptial (prenuptial) agreements.
Allows spouses to modify antenuptial (prenuptial) and postnuptial agreements.
Establishes requirements for agreements entered between spouses that alter legal relations and provides that agreements that meet these requirements are valid and enforceable, with or without consideration.

Amendment Provides the Division of Property Upon an Agreement to an Immediate Separation

Most notably, under previous … Read More... “Postnuptial Agreements Will Soon Become Legal in Ohio”

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