Can a Wife Take Assets in a Divorce That Were Owned by the Husband Prior to the Marriage in Ohio?
When spouses divorce, they must divide their marital assets. In some cases, one spouse may receive a portion of the other's property. In Ohio, separate property is usually part of a "distributive award."
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Separate Property
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Under Ohio code, any property that a husband or wife acquired prior to the marriage is "separate property." A spouse can maintain individual ownership of his separate property upon divorce even if that property was commingled with marital assets, such as funds from a separate bank account being deposited into the spouses' joint account.
Dividing Assets
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Under Ohio Revised Code, a court will generally divide marital assets equally between the spouses. A husband or wife is not entitled the other's separate property unless the property appreciated in value during the marriage. For example, if marital assets helped remodel a home owned by the husband before the marriage, the wife will receive a percentage of the increase in value after the remodel.
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Distributive Award
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If a husband has excessive separate property that makes him significantly wealthier than his wife after divorce, the court may order that he pay her a "distributive award." This award comes from the husband's separate property to leave the spouses in a more fair financial position. The court also can increase the distributive award if the husband committed some misconduct, such as concealing or fraudulently disposing of his assets in order to keep them from his wife.
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