Financial Misconduct in Ohio Divorce: If You Suspect Something, Say Something!

Understanding Financial Misconduct in an Ohio Divorce

Divorce is both an emotional and financial separation. Unfortunately, some spouses try to gain an unfair advantage through financial misconduct in an Ohio divorce, such as hiding assets, wasting marital property, or taking on secret debt before or during the divorce process.

Ohio law recognizes these actions as financial misconduct and allows courts to compensate the innocent spouse when misconduct is proven. The key is identifying the problem early. If something doesn’t seem right, tell your attorney.

What Is Financial Misconduct in an Ohio Divorce?

Under Ohio Revised Code Section 3105.171, financial misconduct occurs when a spouse knowingly dissipates, conceals, destroys, or fails to disclose marital assets. If proven, an Ohio court may award a larger share of the marital estate to the innocent spouse.

Common Examples

Financial misconduct in an Ohio divorce can take many forms, depending on the circumstances and the assets involved:

• Hiding bank accounts, investments, or income
• Transferring assets to friends or relatives
• Gambling or excessive spending before divorce (this topic is covered more in depth here)
• Using marital funds to support an extramarital affair
• Concealing business income or manipulating financial records
• Accumulating significant debt for non-marital purposes

These actions can significantly impact a fair property division.

Warning Signs of Financial Misconduct

While no single issue proves misconduct, common red flags include:

• Missing financial documents
• Unexplained withdrawals or transfers
• Sudden secrecy about finances
• New passwords on financial accounts
• Unusual cash transactions
• Business income that suddenly declines
• Refusal to discuss household finances

If you notice several of these warning signs, consider discussing your concerns with an experienced Ohio family law attorney, particularly if you are considering ending your marriage.

What Should You Do?

You do not need definitive proof before raising concerns. An experienced family law attorney can investigate suspicious activity, preserve evidence, and determine whether additional discovery or expert assistance is necessary.

Remember: If you suspect something, say something!

Evidence That Can Help

Financial misconduct in an Ohio divorce is often proven through documentation such as:

• Bank and credit card statements
• Tax returns
• Retirement and investment records
• Financial business records
• Emails and text messages
• Reports from forensic accountants or other financial experts

The sooner these records are reviewed, the better the chances of identifying hidden assets or improper transactions.

Protecting Yourself During an Ohio Divorce

You can reduce your risk by:

• Staying informed about your family’s finances
• Keeping copies of important financial records
• Monitoring account activity
• Avoiding retaliatory conduct or self-help remedies
• Consulting an experienced Ohio family law attorney as early as possible

Final Thoughts on Financial Misconduct in an Ohio Divorce

Financial misconduct in an Ohio divorce can affect the fairness of the property division process, but Ohio courts have the authority to address proven misconduct.

If your spouse’s financial behavior raises concerns, don’t ignore your instincts. Talk to an experienced Ohio family law attorney. When it comes to protecting your financial future, one piece of advice applies:

Experienced, Trusted and Professional Dayton Divorce Lawyers

MuesLaw can assist you with your divorce or dissolution related issues. To learn more, please go to our website at MuesLaw.com or call us at 937 293-2141. We can schedule an in-person conference or one by phone or Zoom. We look forward to assisting you!

PUBLISHER’S NOTE:

I want to thank Ben Murakowski for writing this interesting blog post! We are excited that Ben is clerking with MuesLaw. Ben has started his third and final year at the University of Dayton School of Law. You will be reading more from Ben in the weeks and months to come, as Ben will be staying on working with MuesLaw this Fall semester too! Well done, Ben!

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