Complex Divorce Litigation Law Firm in Ohio

Protecting Your Assets, Business Interests, and Financial Future

Every divorce involves tough, yet important, financial decisions. Spouses must decide how to divide marital property (including both assets and debts) and agree on any settlements or additional support payments. These decisions can have far-reaching consequences, and they can be made even more complicated when high-value property or complex business assets are involved. Spouses can either resolve these issues on their own or, when they cannot come to an agreement, they can litigate them before a judge who will make final determinations. 

If left to a court, the judge will base their property distribution decision on the state’s equitable distribution laws. However, they do retain a significant measure of discretion regarding how to apply these laws, so how you present and litigate your case is extremely important. Working with qualified lawyers familiar with complex property division cases can make an enormous difference in the outcome of your case. With Haynes Kessler Myers & Postalakis, you’re getting skilled legal counsel that understands all that goes into these kinds of cases. 

Need Trusted Legal Guidance? Divorce is complicated, but we’re here to help. Contact us at (614) 892-9909 to discuss your case.

Equitable Distribution in Ohio

As an equitable distribution state, Ohio courts see marriages similar to business partnerships and strive to divide property “equitably.” This means that each spouse is entitled to a fair share of marital assets based on different factors such as earning capacities, contributions to marital assets, the value of the asset, tax implications of potential division scenarios, and other facts of the marriage and separation terms (e.g., custody arrangements). Marital property can include any assets that were acquired during the duration of the marriage, as well as any items that comingled with marital property over the course of the marriage. Comingling frequently occurs in the context of business assets. 

Common marital assets include: 

• Financial accounts (bank accounts, retirement accounts, etc.)
• Business interests
• Debts and mortgages
• Investments and stock options
• Luxury items
• Residential and commercial property
• Vehicles

High-Asset Divorce Considerations

Divorces involving significant wealth come with unique challenges. When large sums of money, multiple properties, and business interests are involved, the process can become highly complex. It’s essential to work with experienced legal and financial professionals to ensure a fair and equitable outcome.
Key considerations in high-net-worth divorces:

• Valuing and Dividing Complex Assets – High-value assets like businesses, investment portfolios, real estate, and intellectual property require professional valuation to determine their worth. Courts consider factors like market value, future earnings potential, and tax implications.
• Protecting Inherited or Pre-Marital Wealth – In Ohio, inherited property and assets acquired before marriage may be considered separate property. However, if these assets have been mixed with marital funds or used for shared expenses, they may become subject to division. Proper documentation and legal strategy can help protect them.

Business Ownership and Divorce

Divorcing spouses who own a business together must carefully navigate the division process to avoid financial losses or operational disruptions.

• Business Valuation in Divorce – A professional business valuation helps determine the fair market value of a company. Courts consider income, assets, debts, and future earning potential when dividing business interests.
• Protecting a Business from Being Divided or Sold – Business owners may negotiate to keep full ownership by offering their spouse other marital assets of equal value. In some cases, a prenuptial or postnuptial agreement can protect business interests.
• Buyouts and Structured Settlements – Instead of splitting a business, one spouse may buy out the other’s share through a lump-sum payment or structured settlements over time.

Spousal Support (Alimony) in Ohio

Alimony, or spousal support, is designed to help a lower-earning spouse maintain financial stability after divorce.

• Factors That Determine Alimony – Courts consider income disparity, length of the marriage, each spouse’s earning potential, and standard of living.
• Duration of Alimony Payments – Payments may be temporary or permanent, depending on the circumstances. Long-term marriages often result in longer support obligations.
• Modifying or Terminating Alimony – If circumstances change, such as remarriage or a significant income shift, alimony may be modified or terminated by court order.

For personalized guidance on high-asset divorces, contact our experienced attorneys today. 

Frequently Asked Questions (FAQ) About Complex Divorce Litigation

Do I have to go to court for my divorce?

• Not necessarily. Many high-asset divorces are resolved through negotiation, mediation, or collaborative divorce. However, if spouses cannot agree on key financial issues, court litigation may be necessary.

How is stock or investment income divided in a divorce?

• Investment accounts, stock options, and other securities acquired during the marriage are typically considered marital property. Courts may divide them based on current value, potential future earnings, and tax consequences.

Will I have to sell my home in the divorce?

• It depends. Some spouses choose to sell the marital home and split the proceeds, while others negotiate for one spouse to keep it in exchange for other assets. Financial feasibility and mortgage responsibility also play a role.

Can a prenuptial agreement prevent disputes in a high-asset divorce?

• Yes, a well-drafted prenuptial agreement can clarify asset division, protect separate property, and reduce litigation risks. However, the agreement must be legally sound and fair to be enforceable in court.

What happens to debts in a divorce?

• Marital debts, such as mortgages, credit card balances, and business loans, are divided based on Ohio’s equitable distribution laws. Courts consider each spouse’s financial capacity and who benefited from the debt.

How can I ensure a fair property division?

• Hiring experienced divorce attorneys and financial skilled is key. Proper asset valuation, forensic accounting (if needed), and strong legal representation can help ensure an equitable outcome.

Can alimony be waived in a divorce settlement?

• Yes, alimony can be waived if both spouses agree to it in a settlement. Some opt for a lump-sum payment or alternative financial arrangements instead of ongoing support.

Protect Your Assets & Future – Get the legal support you need. Contact us at (614) 892-9909 to schedule a consultation.