If I Make More Money Than My Spouse, Are Things Still Split 50/50 in a Divorce?

divorce spousal support

Divorce Likely? The Dangers If You Do Not Have a Prenuptial Agreement or a Postnuptial agreement in Place

As a longtime Ohio divorce lawyer, reading the recent comments made by country music singer Kelsea Ballerini about her divorce from Morgan Evans caught my attention. Kelsea complained on a recent podcast that Morgan “took half the house he didn’t pay for” and other things as well. She was upset that Evans (also a country singer) wrote a song and was profiting about him being “blindsided” by their break-up. Click here to listen to his song about it titled “Over for You”. Kelsea’s comments got me thinking and I thought I would write this blog about property division and spousal support in Ohio.

IF I EARN MORE, I SHOULD GET MORE!

I remember back in the late 70’s and early 80’s, men going through divorces commonly expressing this opinion when we met to discuss a potential divorce.… View Full Article → “If I Make More Money Than My Spouse, Are Things Still Split 50/50 in a Divorce?”

Now That Postnuptial Agreements are Legal in Ohio, Might One Make Sense for You?

postnuptial agreement divorce

Want To Create a Postnuptial Agreement? It is now Legal in the Stare of Ohio.

Postnuptial Agreement can be a very Practical Step to Avoid Confusion if a Marriage Should Terminate

Finally Ohio has joined 48 other states and is now permitting postnuptial agreements to be executed and recognized. This is extremely significant news for married couples in Ohio! Click here to read our blog about this law change which we posted here on February 11, 2023.

WHAT ARE POSTNUPTIAL AGREEMENTS?

Generally speaking, a postnuptial agreement is a tool of protection. It can modify or revoke a prior prenuptial agreement or be drawn to control marital finances and assets in the event of divorce or death. Under Ohio law a spouse cannot be disinherited under a will. Ohio law provides what minimum property a spouse must receive absent a prenup or postnuptial agreement.

KEY PURPOSES FOR CREATING A POSTNUPTIAL AGREEMENT

While married couples generally do not want to contemplate the end of their marriage, executing a postnuptial agreement can be a very practical step to avoid confusion in the event a marriage ends for any reason.… View Full Article → “Now That Postnuptial Agreements are Legal in Ohio, Might One Make Sense for You?”

Location Tracking Dangers Using Apple AirTags

gps tracking airtag ohio

Apple AirTags Dangers: Is GPS Tracking an Invasion of Privacy In Ohio?

Must Read Tips To Avoid Unwanted Malicious GPS Tracking From Apple AirTags

Warnings have been issued by attorneys general in NY and Pennsylvania recently regarding malicious intent with Apple’s tracking device, the AirTag, as instances of people receiving notifications on their phone that their location is being tracked has risen over the last few months.

The AirTag was originally designed by Apple as a method of tracking easily lost items, like keys, backpacks, luggage, etc., using BlueTooth technology. According to Patch.com, though, the devices are being found by unsuspecting victims in “various places including in bags and pockets, under cars, inside of bumpers and the back of license plates.”

“It’s something about the size of a quarter and if you think about that, I mean, you can really hide a quarter just about anywhere. It can be slipped into a pocket or a purse, could be stuck to a car if you want to track someone’s car,” said Alex Hamerstone, a tech expert at TrustedSec.… View Full Article → “Location Tracking Dangers Using Apple AirTags”

Postnuptial Agreements Will Soon Become Legal in Ohio

postnuptial agreements

Ohio Law Recognizes Postnuptial Agreements and Treats Them the Same as Prenuptial Agreements

Ohio SB 210 expands a married couple’s ability to enter into agreements with each other to modify their legal relations. By passing SB 210, Ohio law now recognizes postnuptial agreements and treats them the same as prenuptial agreements. Prenuptial agreements are those that are entered into BEFORE marriage, while postnuptial agreements are those that are entered into AFTER marriage. This new law goes into effect the end of March. Click here to read it.

A few of the most notable provisions of Ohio’s new Postnuptial Agreements law enabling spouses to modify their marriage are as follows:
  • Expands the ability for spouses to enter into agreements that alter legal relations.
  • Establishes postnuptial agreements and treats them the same as antenuptial (prenuptial) agreements.
  • Allows spouses to modify antenuptial (prenuptial) and postnuptial agreements.
  • Establishes requirements for agreements entered between spouses that alter legal relations and provides that agreements that meet these requirements are valid and enforceable, with or without consideration.
… View Full Article → “Postnuptial Agreements Will Soon Become Legal in Ohio”

Blast From The Past: What is a Divorce Retainer Fee Agreement and What is Its Purpose?

Blast from the past 13 years Ohio Family Law Blog

Divorce Retainer Fee Agreement

PUBLISHER’S NOTE: With the start of the New Year comes a large spike in divorce filings. 2023 is no exception! Clients often have questions about how divorce retainer agreements work. So, I thought it might be a good time to repost this blog from August 8, 2020. Like the cost of many things, the hourly rates and typical retainer amounts charged by divorce lawyers have risen since 2020, perhaps as much as 10+ percent. The other information in the blog is still right on point.

Divorce Lawyers Require A Retainer Fee On Start Of Your Legal Representation

So, unfortunately you find yourself meeting with a divorce lawyer to discuss terminating your marriage. The conference goes well and after careful consideration you decide to hire the lawyer.

HOW DO DIVORCE LAWYERS CHARGE?

When the subject of fees and the attorney’s hourly rate comes up, you will likely hear the request for a “retainer fee“.… View Full Article → “Blast From The Past: What is a Divorce Retainer Fee Agreement and What is Its Purpose?”

A Historical Perspective of No-Fault Divorce Laws in Ohio

no-fault divorce laws ohio

The Pros of a No-Fault Divorce Can Cause Positive Ripple Effects

The 1970s-known for disco, bell bottom jeans, lava lamps, muscle cars, the Brady Bunch, Pong, and the first Concorde commercial flight-but what about divorce? In the 1970s a revolution took place in the United States. Not the British Invasion, but rather a divorce law revolution. In the 1970s alone, 37 states amended or repealed divorce laws, now allowing married couples to divorce under a “no-fault” system. Under the old, “fault-based” scheme, one party would have to be found guilty of adultery, abandonment, physical or emotional abuse, or a protracted separation period (at least 2 years), etc.

Generally, under this scheme, if an individual seeking a divorce could not prove that one of the previously listed grounds for divorce was present, American courts would not grant the divorce. Without evidence proving their partner was engaging in atrocious acts, an individual was forced to remain in their marriage.… View Full Article → “A Historical Perspective of No-Fault Divorce Laws in Ohio”

Life in Ohio Post-Roe – The Next Baby Boom or Crash?

births abortion post roe

Post-Roe decision Could Impact Baby-Formula Availability With Addition Births Projected

The post-Roe rise in births in the U.S. will be in some of the worst states for infant and maternal health. The immediate effects of Dobbs v. Jackson Women’s Health Organization closed clinics shifting abortion access across the map almost overnight. Although it is too soon to see a rise in babies born to mothers who did not wish to have them. An economics professor, Caitlin Myers estimates there will be approximately 50,000 additional births nationwide. A trend quickly started on TikTok where “camping” became the code word for abortions.

Young women have been more scared than ever, to get pregnant. These children could start the next anti-abortion movement  but America is unprepared to care for them and their birth mothers. But, plans are set “To make Ohio truly the best place in the nation to have a baby and raise a family….… View Full Article → “Life in Ohio Post-Roe – The Next Baby Boom or Crash?”

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