When an Ohio couple decides to divorce, one of the issues that is often up for dispute is the marital property and which party will receive what. There are certain aspects of the case to remember based on the law. One is how a distributive award works. A distributive award is any payment that is made whether it is real or personal property, is paid over time or in a lump sum, is in a fixed amount, is made via income or separate property, has not be made via marital property, and is not considered child support.
With distributive property, the court can use it as a supplement, to effectuate or facilitate how marital property is divided with the right to have the award secured via lien on the marital property or separate property owned by the paying spouse. Rather than dividing marital property to have equity in the divorce, the court can choose to make a distributive award if it is decided that division of these properties is not practical or poses too much of a burden on the paying spouse.
When the case is moving forward, the spouses are required to provide full disclosure of all property, assets, debts, income and expenses. There might have been a case of financial misconduct. If that is the case, the spouse who was victimized might receive a distributive award that gives them a higher amount of the marital property. Spouses who have failed to disclose property whether it is marital or separate and other assets, debts and expenses might need to compensate the other spouse with a distributive award that is greater — this cannot go beyond three times the value of the properties.
Any divorce will have its issues that are difficult to navigate and property division is no exception. The goal of distributive awards is to ensure fairness to both parties and to protect spouses who might have been victimized by poor behavior on the part of the other spouse. With any disagreement over asset division and marital property, a law firm experienced in all areas of divorce can help.