In an Ohio divorce, marital property is generally divided equally unless an equal split would be inequitable (R.C. 3105.171(C)(1)), while separate property, such as assets owned before marriage, can stay with its owner if it is traced. Either spouse must meet Ohio’s 6-month residency rule (R.C. 3105.03) before filing in Columbus.
This page provides general information, not legal advice about your matter. Contacting the firm does not create an attorney-client relationship.
A business is not one number
Valuation date, method, owner compensation and goodwill can each move the figure by a wide margin. We work with valuation and forensic accounting professionals when the estate calls for it, and we test the other side’s expert line by line.
Separate property has to be proven
Money you brought into the marriage, an inheritance, or a company you started earlier can remain yours, but only if the trail is documented. Commingled accounts make that harder. We trace it back with statements, not memory.
Business or premarital assets in play? Call 614-944-5151 before the valuation date is set.
Retirement accounts and deferred pay
Pensions, 401(k)s, stock options and deferred compensation earned during the marriage are usually part of the division. Each needs the right order and the right timing to divide without a tax mistake.
Protecting a closely held company
Operating agreements, buy-sell terms and other owners all limit what a court can do with your shares. We work to keep the company operating and the other owners informed while the case moves, and we coordinate with business litigation when partners are drawn in.
When the case is not only about money
Custody and support still follow the rules on our divorce and family law page. Large estates simply raise the stakes on discovery and trial.
Why clients hire us
- Valuation is treated as the trial, because it often is, and we are prepared to try it.
- Tracing of separate property starts at intake.
- Business and divorce strategy are handled by one team.
- Experts are retained when the estate justifies them, not by default.
FAQ
Is my business marital property in Ohio?
It can be, in whole or in part. A business started during the marriage is usually marital, and a premarital business may be separate except for any increase in value caused by marital effort or money.
How is a business valued in divorce?
Usually by a qualified valuation professional, using methods based on income, assets or comparable sales. The valuation date and assumptions are often contested.
What happens to assets I owned before marriage?
They may remain your separate property if you can trace them. Commingling them with marital funds can make tracing harder.
Can my spouse get part of my retirement accounts?
Yes, for the portion earned during the marriage. Dividing it usually requires a separate court order.
Do I need a forensic accountant?
Not always. One helps when income is hard to measure, assets may be hidden, or a business is central to the estate.
How do you protect a closely held company during divorce?
By using the operating agreement and buy-sell terms, controlling what discovery reaches the business, and proposing a division that keeps the company intact.
Your share, valued on the record
Before the valuation is set, level the playing field: call 614-944-5151. Or tell us what is in the estate.
Related
Jeckering & Associates, LLC · Columbus office: 10 N High St, Suite 301, Columbus, OH 43215 · 614-944-5151 · Mechanicsburg office: 16 S Main St, Mechanicsburg, OH 43044 · 937-896-2222 · staff@centralohiolegal.com · Hours Mon–Fri 9:00 AM–5:30 PM