
Understanding Asset Division: What’s Marital vs. Separate Property
One of the most critical financial questions in an Ohio divorce is how to divide property and debt. Ohio courts apply the equitable distribution principle, meaning you divide marital property—but not necessarily equally—based on the circumstances of the marriage. To understand what may be divided, it’s essential to know the difference between marital property and separate property.
Understanding Marital Property in Ohio
Marital property includes most assets and debts acquired by either spouse during the marriage, regardless of whose name appears on the title or account. This category is the only one about property subject to division in an Ohio divorce.
Marital property may include:
- Real estate and personal property acquired during the marriage
- Retirement benefits earned during the marriage, such as pensions, 401(k)s, and deferred compensation plans
- Income earned by either spouse while married
- Appreciation or increased value of separate property when marital effort or funds contributed to that growth
Even assets that began as separate property may be partially classified as marital if both spouses contributed to their value during the marriage.
What Qualifies as Separate Property?
Separate property generally belongs to one spouse alone and is not divided in a divorce, provided it can be clearly identified and traced.
Separate property may include:
- Assets owned before the marriage
- Inheritances received by one spouse
- Gifts explicitly given to one spouse
- Passive income or appreciation on separate assets
- Property designated as separate in a valid prenuptial agreement
- Compensation for personal injury (with limited exceptions)
- Property acquired after a legal separation
However, separate property can lose its protected status if it becomes commingled with marital property in a way that makes tracing impossible. For example, depositing inherited funds into a joint account may turn them into marital property.
Why Proper Classification Matters
Misclassifying assets can have lasting financial consequences. Accurately identifying marital versus separate property helps ensure a fair outcome and protects what you are legally entitled to keep. Divorce involving real estate, retirement accounts, or business interests often requires detailed financial analysis and legal guidance
At Hoover Kacyon, LLC, we deliver the highest-quality legal representation from a team of professionals, while also providing excellent client service. Call us at 330-922-4491 or contact us online to make an appointment.
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