Legal Question in Family Law in Ohio
Division of Property
I have been married to an abusive man for 22 yrs. He claimed to have no assets when we met. I used my savings in 1980, about 10k, to purchase our home. I took 14 yrs out from my career to raise our 3 children. We took no vacations and did not repair or remodel our home. I drove an old car and we lived frugally. He always put the maximum amt in his 401K. The only assets we acquired after the marriage were the house and the money in his 401 K and IRA, about 100K. The house is worth about 140K. I have 20K in IRAs. I found out that he has over one million dollars in assets, stocks and a retirement acct. all of which he had when we met. He is 25 yrs older than I am. Is what I am told true, that I have no rights to any of the assets he had prior to the marriage? I realize the 2 children at home are another issue. Is this Ohio law, a person can be untruthful about assets and then walk away with all of them?
2 Answers from Attorneys
Re: Division of Property
The law in Ohio is that a party is entitled to their premarital assets and the passive growth (ex. interest on money in bank account) on such assets. However, those assets may, in limited circumstances, be awarded to the other spouse if there are sufficient reaosn justifying the same. I am not going to lie to you... it is a tough hill to climb. However, such assets could properly be considered for purposes of awarding you spousal support. It is impossible for me to give you a better analysis based upon the facts provided.
What he has contributed to his retirement account after the date of your marriage is a marital asset for which you will generally get one-half of even if he opended the account prior to marriage. Please feel free to call me.
Re: Division of Property
What is marital, and what is separate property is a question of fact for the court. Any appreciation of premarital property that he had access to during the marriage would be considered marital property. Assets must be completely traceable to receive consideration as separate assets.
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