Columbus Divorce Lawyers

Helping Clients Throughout Central Ohio

Serving Clients in Ohio Including Throughout Franklin County and Columbus

While Ohio law provides a framework for property distribution in divorce, there is still significant room for flexibility. Does this flexibility work for a spouse or against them? The answer to that question will rely heavily on the quality and experience of the domestic relations lawyer representing them.

People throughout Central Ohio have relied on Kemp, Schaeffer & Rowe for over 45 years. With our team of attorneys, backed up by a talented and dedicated staff, we have the knowledge and resources to fight for the settlement that our clients are entitled to under the law. 

Call (614) 665-5833 or reach out online to set up a consultation.

Who Receives the Property in an Ohio Divorce? 

Before dividing the assets, it is necessary to classify an asset as either separate or marital property. There is a presumption that all property owned by the spouses is marital property. The exception is separate property. Marital property is divided between the parties in a divorce, while separate property is not usually divided, except in the case where a party has committed financial misconduct.

The distinction between separate and marital property is relatively straightforward. Property owned before the marriage is considered separate, while property acquired after the marriage is considered marital. Gifts and inheritances may be considered separate property, even if they were received during the marriage.  This will depend on the ability of the spouse asserting the claim of separate property to trace the property owned before the marriage, the gift, or inheritance and the passive growth or appreciation as to whether that spouse will be successful in being awarded his or her separate property by the court. Settlement negotiations can also turn around this distinction of marital versus separate property.. 

Determining what constitutes separate or marital property can be more complex than it initially appears. For instance, a 401(k) account belonging to one spouse may be considered separate property since it was obtained before the marriage. Still, any funds contributed after the marriage and the passive growth on those funds can become marital property. Similarly, a house owned by one spouse prior to the marriage may become marital property—at least partially--if a mortgage is paid or significant renovations are made during the marriage which increase the home's marital equity or fair market value. Tracing and proving these values to a court or to the other spouse’s attorney requires an awareness and sensitivity to these issues, which are regularly litigated by our attorneys

To determine which portion of an asset is separate or marital property, it is essential to analyze each asset's value thoroughly. This process requires asking the right questions, which is where the leadership of an experienced domestic relations attorney is invaluable. At KSR, we understand how to navigate complex asset division matters and ensure that our clients' interests are protected.