Family Law Flashcards

For a prenuptial (antenuptial) agreement to be enforceable in Ohio under Gross v. Gross, it must have been entered into how?

Answer: Freely, with full disclosure or full knowledge of assets, and without fraud or overreaching

Gross v. Gross requires voluntary execution with full disclosure or knowledge of the other's assets and no fraud, duress, coercion, or overreaching; independent counsel and a waiting period are not absolute requirements.

In Ohio, spousal support provisions in a prenuptial agreement are subject to what additional scrutiny that property provisions are not?

Answer: They must be conscionable at the time of the divorce, not just at signing

Under Gross v. Gross, spousal support terms are reviewed for conscionability at the time of enforcement, while property divisions are judged as of execution.

Ohio abolished common-law marriage prospectively. A common-law marriage is valid in Ohio only if formed when?

Answer: Before October 10, 1991, or validly formed in another state that recognizes it

Ohio Rev. Code 3105.12 recognizes common-law marriages formed in Ohio before October 10, 1991, and those validly created in states that permit them.

A husband in Ohio secretly withdrew $80,000 from a joint marital account and gambled it away during the divorce proceedings. The court may remedy this financial misconduct by doing what?

Answer: Awarding the other spouse a distributive award or greater share of marital property

Ohio Rev. Code 3105.171(E) authorizes a distributive award or a greater share of marital property to compensate for a spouse's financial misconduct such as dissipation.

In Ohio, marital property is generally valued as of what date?

Answer: The date of the final divorce hearing or a de facto termination date the court finds equitable

Ohio courts presumptively use the final hearing date to define the end of the marriage but may select a de facto termination date, such as separation, when equitable.

A wife supported her husband through medical school, and he obtained his degree during the marriage. Under Ohio law, the medical degree itself is treated how in the property division?

Answer: It is not marital property, but future earning ability may factor into spousal support

Following Stevens v. Stevens, a professional degree is not a divisible marital asset in Ohio, though the enhanced earning capacity is relevant to spousal support.

In Ohio, an agreement between divorcing spouses that one parent will never pay child support is enforceable to what extent?

Answer: It is not binding on the court, because child support is the child's right

Parents cannot bargain away child support because the right belongs to the child, and courts retain authority to order guideline support regardless of the parents' agreement.