Generally, assets acquired during a marriage are considered marital property and subject to division upon divorce. However, assets received by one spouse as an inheritance are typically treated differently under Ohio law. For example, if a spouse receives a bequest from a parent’s will, that inheritance is usually considered separate property and not subject to division with the other spouse during divorce proceedings.
This distinction between marital and separate property is crucial for equitable distribution in divorce cases. Protecting inheritances ensures that individuals retain control over assets passed down to them, preserving familial intentions and financial security. Historically, the legal system has recognized the importance of preserving inheritances as separate property, recognizing that they represent a transfer of wealth outside the scope of the marital partnership.
