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Do Ohio courts typically grant "clawbacks" of earnings which was marital property that was spent in ordinary couse?

Cleveland, OH |

No alligation of dissipation or fraud. spouses simply managed their finances separately while married and Husband earned 3x what wife earned. Wife wants a divorce and husband is concerned that, since his larger paychecks were deposited into his account (and wife's smaller paychecks into her own account) and they both spent their money on general living expenses, court may require Husband to pay wife (most of money earned by husband and wife during marriage is gone) above and beyond equitable division of existing marital property.

Is a court likely to require a clawback or is the general understanding that marital property is assets, etc in existence at time of divorce?

Attorney Answers 1


If the money is gone and not sitting in a bank account, then there is nothing to divide. So your concern of a property division over the bank account balances seems misplaced. The court will likely divide the assets equally, but does not go back and retroactively award settlements on money that is spent on living expenses in a property settlement. They only tend to deal with the property that currently exists.

I think your bigger concern may be that of spousal support, as the length of marriage will become key in determining this issue. You should have a consultation with a family law attorney who can look at the situation and give you specific advice as to your circumstances.

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