In Ohio, it’s possible to receive a distributive award in some divorces. A distributive award is a payment or payments that is made from separate property or income. It is not made from the contents of the marital estate. This kind of award isn’t the same as spousal support.
This kind of award could be used for a few reasons, but it’s not the same as child support or spousal support. Here’s what you need to know.
Why would the court award a distributive award?
The court could grant a distributive awards for a few reasons. Primarily, this is done to facilitate or supplement the division of marital property. To make sure this compensation is paid, the court may also require a lien on the payor’s property, whether it’s marital property or separate property.
The distributive award can be made to balance the distribution of property during a divorce. For example, if dividing the actual marital property would be burdensome, the court may ask the payor to compensate the other party with cash or other forms of compensation.
The court might also order a distributive award if:
- One of the spouses engaged in financial misconduct.
- One of the spouses hid assets.
- One of the spouses did not disclose all property, including debts or income.
In these and other cases, the distributive award may help balance each person’s property.
How does the court determine how much the award should be?
The court will look at a few factors to determine the size of the award, such as:
- The length and duration of the marriage.
- The liabilities and assets of both parties.
- Whether it would be beneficial to award the family home to the spouse with custody of the children.
- How much liquidity there is considering the property that is going to be distributed.
- Tax consequences.
There are other factors as well
If a distributive award could be beneficial in your case, you may want to speak with your attorney about whether or not a judge could consider one. If your property is hard to divide, it could be a good option.