Portage County Ohio Law Blog

Divorce is one of the most emotionally draining events you will experience. It is easy to let the anger and sadness take over. This can lead to errors and misguided decisions when negotiating details and filing documents. 

One common area where men make mistakes is during spousal support negotiations. This process requires you to consider income, assets and overall finances of yourself and your ex. Thinking about all of this can be overwhelming, so it is helpful to know what mistakes to avoid before you make them. Here are some tips for what not to do while figuring out alimony payments. 

When people in Ohio decide to divorce, it can quickly become apparent that the end of every marriage is unique. Some people, regardless of assets, may be swiftly able to reach a negotiated settlement and move on amicably. However, when a divorce is more contentious and involves extensive assets or children, the process can become lengthy and challenging. When both parties cannot reach an agreement over the distribution of property or custody of the children, it could lead to ongoing court hearings on these key issues. As a result, each spouse may find it useful to rely on expert witnesses in order to bolster their claims.

Divorcing spouses often work with a family law attorney to develop an approach to the legal aspects of a divorce. In some cases, the issues in dispute may require specialized knowledge in order to persuade the family court judge. For example, child custody experts are some of the most commonly used expert witnesses in divorce cases. Usually mental health professionals, these experts will usually interview parents, children and other concerned parties and make a recommendation as to the best interests of the children. Each spouse may bring forth experts to support their arguments.

Some spouses going through divorce in Ohio may attempt to hide their wealth in an attempt to shield it from property division. High-conflict divorces are sometimes notable for efforts on the part of one spouse to funnel away income, hide investment funds or otherwise deprive the other spouse of their stake in marital property. However, while these people are willing to deceive their spouses, they may be less prepared to file a fraudulent tax return. Divorcing spouses may learn a good deal of important information by examining tax documents.

In the first place, W-2 records should contain not only the amount of income a person received but also the funds that they had withheld from their paycheck. Some people may establish a new 401(k) plan, deposit excess funds into a health savings account or use some kind of other defined contribution plan that they do not disclose. By reviewing the W-2s, it should be possible to see all of the plans that exist through the employer. In addition, some people, especially in professional work or independent businesses, may actually overpay their taxes. While the IRS holds on to the funds, they could always file corrected returns years later and reap the benefits while single. This is another reason it is important to review marital tax returns, especially when moving towards divorce.

For many couples divorcing in Ohio and elsewhere, it can be easy to look at the process as one that demands a victor instead of an equitable outcome. The emotional nature of divorce may lead spouses to act irrationally in order to come out on top, penalize one another or deprive one another of property and assets. This might not only affect future financial security, but it may also cause irreparable harm to children in a divorce.

To minimize the potential for such problems, a clinical psychologist writing for Fatherly suggests spouses recognize that behaviors during the marriage may only become amplified in divorce. For example, if fights about money contributed heavily in events leading up to a divorce, financial arguments may become a focal point of contention during the divorce process. Additionally, it is recommended that spouses look inward and examine their own behaviors to minimize the exploitation of personal triggers.