Cincinnati Family Law Attorneys Assist With Property Division Matters

Hamilton County, Ohio Family Law Firm Offers Personal Attention in Divorce Cases

If you are getting divorced in Ohio, both parties have the first say in how the marital property should be divided. If the parties can work together on a separation agreement — a written document that directs the court as to the way property should be divided — they can generally control the outcome. But if the spouses cannot agree and certain assets are in dispute, the court will decide how the property will be divided, based on a system known as equitable division.

Not Necessarily Equal, But Fair

Equitable division does not necessarily mean equal, but it must be fair. The court begins by presuming that all the marital property will be split equally between the spouses and, from there, a set of factors will be considered that may cause a shift in the balance from one spouse to the other. Ultimately, the goal is a fair distribution that reflects past efforts as well as future needs of both spouses.

Marital Property or Separate Property?

Before the court divides property, it needs to know which property is marital property and which belongs to one or the other spouse separately. Generally, marital property includes all property acquired during the marriage, while separate property is property the individual spouses owned before the marriage. There can be circumstances when income from separate property or an increase in the value of separate property will be considered marital property.

Contact Our Hamilton County, OH Family Law Firm Today

If you are in the process of getting a divorce in Ohio and are confused about how your property should be divided, FoxScottLaw have been assisting clients in greater Cincinnati and throughout Hamilton County, Ohio with property division issues since 1999. Contact us online or call (513) 591-2000 to schedule your free initial consultation today.