OH Bar Family Law 4

Question 1

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

Accepted Answer

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

Answer

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.

Question 2

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

Accepted Answer

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

Answer

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

Question 3

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

Accepted Answer

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

Answer

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.

Question 4

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?

Accepted Answer

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

Answer

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.

Question 5

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

Accepted Answer

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

Answer

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.

(OH Bar) Ohio Bar Exam Practice Test

(OH Bar) Ohio Bar Exam Practice Test

OH Bar Family Law 4