When getting married, no one wants to think about everything that can go wrong. No one wants to think that their soon-to-be spouse has an alternative reasoning for getting married. Unfortunately, in family law circles in Ohio and elsewhere, it is not uncommon to see instances where one spouse took advantage of the other and then filed for divorce. It happens. The question, then, is what will one do about it to try and make it right during divorce proceedings?
A man in another state recently asked for some advice after receiving a divorce request from his spouse. According to this individual, he and his wife were married for only two years when she sought to end the marriage. During that two years, he worked hard and used his income to pay off her student loans. As part of the divorce settlement, she seeks access to his retirement funds and wants to keep the house.
After such a short marriage, it would be hard not to feel taken advantage of in this type of situation. What does the law have to say about this? Ohio is an equitable distribution state. This means that each spouse should be able to walk away with his or her fair share of assets. Separate property, that brought into the marriage, assets defined as separate in a prenuptial agreement, gifts and inheritances are not subject to division.
Technically, in this case, the man’s spouse may be able to walk away with some of his assets thanks to equitable distribution laws. However, the length of the marriage and the fact that he paid off her debts may be used in his favor. It is a matter of presenting a case before a judge and letting the court decide. Ohio residents who find themselves in similar situations as this gentleman can turn to a family law attorney to figure out the best way to handle the situation and fight for a fair divorce settlement.
Source: marketwatch.com, “I paid off my wife’s student loans — then she filed for divorce after two years of marriage“, Quentin Fottrell, April 24, 2018