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Beth Silverman & Associates / Division of Assets and Debts
November 16, 2023 In Division of Assets and Debts, Divorce, Marriage By Nicole Huser

Cincinnati Family Law & Divorce Blog: What are the considerations in evaluating whether both spouses should remain on a mortgage together following a divorce?

It is common in a divorce that one spouse may retain the marital home in lieu of the parties selling the residence. When one spouse keeps a home, it raises several issues particularly if both parties are obligated on a mortgage. Lawyers are often asked if remaining obligated on a joint mortgage is a reasonable solution....

April 18, 2018 In Division of Assets and Debts, Divorce, Support By Beth Silverman

Cincinnati Family Law & Divorce Blog: What Are My Rights if My Spouse Has Cheated?

Few people find it fair to learn that the answer to this question, in most Ohio cases,  it is none.  It seems fundamentally unfair that a married person can commit adultery and face no consequences, monetary or otherwise. Yet, in an Ohio court of law, there are no penalties against people who have committed adultery and, in fact, rarely will a court even be interested in hearing the details. The reason for this is a court looks at  marriage like a business partnership.  It is the obligation of the court to determine the assets and debts of the marital partnership and equitably divide those assets and debts, and to then decide if support is appropriate.  Nowhere will you find among the factors a court is to consider  whether someone was at fault. The few exceptions to this rule relate to financial misconduct or the determination of the best interest of children. If...

December 12, 2017 In Division of Assets and Debts, Divorce, Support By Beth Silverman

Cincinnati Family Law & Divorce Blog: How Are A Spouse’s Rights To The Other Party’s Social Security Benefits Determined In A Divorce?

One’s rights to claim Social Security benefits under their ex-spouse’s earned benefits is determined by federal law, rather than state domestic relations law.  For this reason, except in very unusual situations, a divorce or dissolution decree is silent as to the parties’ rights to claim under the other party’s benefits after the divorce. The Social Security Administration states that you can receive benefits if you were married to an ex-spouse for more than 10 years, you are 62 or older, you are currently unmarried AND your benefits from your own work record would be lower than the benefits you would receive based on your ex-spouse’s work.  The latter determination is whether your own earned benefits are less than one-half of your ex-spouse’s benefits.  What is often surprising to most people is that a divorced spouse’s benefit does not reduce the other spouse’s earned benefit.  In other words, the Social Security Administration...

November 19, 2016 In Child Custody, Division of Assets and Debts, Support By Beth Silverman

Cincinnati Family Law & Divorce Blog: Is Legal Separation Right for Me?

There are many reasons why a client might consider a legal separation. Here, we will explain exactly what a legal separation is, and a few of the common reasons people seek to enter into a legal separation.   First, it should be noted that a legal separation is not the same as a physical or “trial” separation. Many couples physically separate prior to terminating their marriage. These physical separations may be very informal, with one spouse moving out and the parties making informal agreements as to how they will divide time with their children and manage the monthly expenses. A physical separation could also be accomplished with the assistance of attorneys, who would help parties to negotiate these terms. This situation is different than a legal separation, which is a specific type of legal proceeding.   In a legal separation, the parties go through essentially all of the same steps as they would in...

June 13, 2016 In Division of Assets and Debts By Beth Silverman

Cincinnati Family Law & Divorce Blog: How Does Bankruptcy Impact Divorce?

It is not uncommon for the fields of bankruptcy law and divorce law to intersect. One way this can happen is if one or both parties file for bankruptcy while a divorce action is pending.  Another way is if one party seeks to be relieved (“discharged”) from an obligation that arose out of a divorce or dissolution by filing for bankruptcy. This blog post will attempt to give a general overview of what happens in these specific situations.   If a divorce action is pending and one or both parties file for bankruptcy, a court can still carry on aspects of the divorce case.  While the law provides an automatic suspension (“stay”) of judicial proceedings, there are several exceptions.  A court can still hear cases to establish paternity, establish or modify spousal support or child support, hear cases concerning child custody or visitation issues, or hold hearings related to domestic violence (11...