Legal Question in Family Law in Ohio

Re: Legally Seperated

Robert W. Cettel

Attorney & Counsel at Law

The Drees Center Suite 175

7265 Kenwood road

Cincinnati, Ohio 45236-4411

Facsimile (513) 731-7245 e-mail [email protected] Telephone (513) 731-3188

Dear :

Based upon the limited facts in your e-mail, I have the following opinion.

After a court grants a legal separation, after-aquired property, not aquired with marital assets, normally is not to be considered part of the marital estate and not subject to property division.

If your business was pre-marital, the portion that appreciated as a result of marital sweat, equity and effort will probably be considered a marital marital asset for property division purposes.

As you are a lawyer, do you concur with my opinion?

My opinion does not create an attorney-client relationship or any other relationship which creates a duty by me to you. My opinion is based upon the limited facts you have presented. Additional facts might affect my opinion. I have not made any investigation of and do not express an opinion as facts and issues not presented. I express no opinion with respect to the effect of any law other than the law of the State of Ohio and the federal law of the United States. I disclaim any undertaking to advise you of changes, which thereafter may be brought to my attention after the date of this letter.

My opinion is also subject to the inherent uncertainties associated with all litigation, including the unpredictability of any litigation outcome and the very present possibility of changes in the Courts, the law and evidence.

My opinion is an assessment ... it is not a guarantee.

Thank you in advance for your cooperation.

Very truly yours,

Robert W. Cettel

Attorney at Law

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Re: Legally Seperated

In Ohio a legal separation is an actual proceeding which is governed by statute. Living separated does not mean that you have a legal separation. Assuming that you went through the legal separation process, that proceeding would have divided marital assets and debts by court order. There is a strong argument that any after-acquired assets are separate property.

Thank you for your question and giving me the opportunity to help.