Greco Law FindLaw IM Template 2026-08-17T07:20:05Z https://www.thesurianolawfirm.com/feed/atom/ WordPress /wp-content/uploads/sites/1602558/2021/05/cropped-GrecoLaw-siteicon-512px-32x32.png On Behalf of Greco Law <![CDATA[Can a child’s preference affect custody in Ohio?]]> https://www.thesurianolawfirm.com/?p=49029 2026-08-17T07:20:05Z 2026-08-17T07:20:05Z How courts consider a child's preference Ohio courts focus on the child's best interests when deciding custody. A judge may consider a child's wishes if the court believes the child has enough maturity to express a thoughtful opinion. However, no specific age allows a child to decide custody on their own. The judge may learn the child's views through a private interview instead of asking the child to speak in open court. This process helps reduce pressure and protects the child's privacy. The child's preference becomes one factor among many. Understanding those additional factors provides a clearer picture of the court's decision.

Other factors that shape custody decisions

A child's opinion does not outweigh every other consideration. The court reviews the family's overall circumstances before reaching a decision. Factors may include:
  • Each parent's ability to meet the child's physical and emotional needs.
  • The child's relationship with each parent.
  • The child's adjustment to home, school and community.
  • Each parent's willingness to support the child's relationship with the other parent.
  • Any concerns that could affect the child's safety or well-being.
The court weighs these facts together instead of relying on a single issue. This balanced review helps support decisions that fit each family's situation.

Every custody case is different

A child's preference can influence a custody decision, but it does not determine the outcome by itself. Ohio courts examine all relevant facts before deciding what arrangement serves the child's best interests. Parents who understand this process can prepare for custody proceedings with realistic expectations and make informed decisions as their case moves forward.]]> On Behalf of Greco Law <![CDATA[How trust agreements are treated in an Ohio divorce]]> https://www.thesurianolawfirm.com/?p=49011 2026-07-17T22:52:46Z 2026-07-17T22:52:46Z The type of trust drives the court's analysis The central question Ohio courts ask is whether trust assets constitute marital property, separate property or whether separate assets have become commingled:
  • Revocable trust: A trust that the spouse who created it can change or dissolve at any time offers little protection in a divorce. Because that spouse retains control over the assets, Ohio courts generally treat them as part of the marital estate and subject to division.
  • Irrevocable trust: A trust that permanently removes assets from the control of the spouse who created it is much harder for a court to divide. However, Ohio courts can still examine how the spouse funded the trust. If marital assets moved into the trust during the marriage, those transfers may face scrutiny.
The distinction between these two structures is the starting point for any serious trust analysis in a divorce proceeding.

Trusts created by a third party are more difficult to divide

If a parent, grandparent or other family member established an irrevocable trust for your benefit, Ohio courts have generally found that those assets do not belong to the marital estate. That protection is not automatic — courts look closely at how much control you actually have. The more freely you can access the assets, the more likely a court is to treat them as subject to division.

Trust distributions and income are still subject to scrutiny

Distributions you received during the marriage and deposited into shared accounts may have mixed with marital funds, potentially losing their separate character if you can no longer trace them back to the trust. Even if a court declines to divide the trust itself, the income it generates typically enters into spousal support calculations, regardless of how the court classifies the underlying trust assets.

Not all trust protections hold up in court

Some trust agreements include spendthrift provisions specifically designed to prevent a divorcing spouse from accessing or dividing trust assets. Under the Ohio Trust Code, this protection can be effective against property division claims, but it is unenforceable against a valid court order for spousal or child support. The drafting quality of a trust agreement matters as much as its structure. Engaging counsel with demonstrated experience in complex trust and property division matters can make a material difference in both the outcome and the efficiency of your proceedings.]]> On Behalf of Greco Law <![CDATA[Should business owners plan for future growth in a prenup?]]> https://www.thesurianolawfirm.com/?p=49010 2026-07-08T11:08:50Z 2026-07-08T11:08:50Z A business rarely stays the same A business may look quite different many years after the marriage. A real estate company might acquire additional properties. A medical practice might add new partners. An IT company may expand into new markets or hire more employees. As the business grows, its value can increase as well. That potential growth is one reason many business owners consider how a prenuptial agreement might address future financial interests before questions arise. A well-drafted agreement can help create clear expectations before those questions arise.

How can a prenup address future growth?

Under Ohio law, couples who plan to marry can use a prenuptial agreement to decide how certain property rights and financial matters will be treated during the marriage and if the marriage ends. Depending on its terms, a prenup might identify an existing business as separate property and address how future increases in value or ownership interests will be handled. Even then, a prenup does not automatically resolve every issue. If questions arise later, factors such as how the business grew, whether marital efforts contributed to that growth and the language of the agreement might affect the outcome.

Why careful planning matters

Business owners often focus on today’s operations while planning for tomorrow’s success. Taking the same forward-looking approach to a prenup can help reduce uncertainty if circumstances change in the future. Business growth often brings new financial opportunities and new legal considerations. Addressing those issues before marriage can help business owners create clearer expectations as both marriage and business evolve. Reviewing those issues before marriage can help ensure that a prenuptial agreement reflects the owner’s goals and the reality of a business as it continues to grow.]]> On Behalf of Greco Law <![CDATA[How courts value real estate holdings during a high-asset divorce]]> https://www.thesurianolawfirm.com/?p=49008 2026-06-29T16:20:05Z 2026-07-07T16:18:15Z Types of real estate to review Not all real estate properties serve the same purpose. Owners use some properties for personal reasons while other properties generate income. During a divorce, divorce attorneys usually review each property on its own. Common examples include:
  • Family homes
  • Vacation or second homes
  • Rental properties
  • Commercial buildings
  • Land held for future development
Each property may have a different value and financial impact. Once you have categorized these assets, it is essential to assess the specific elements that dictate how each one is valued.

Factors that influence property value

Several aspects may influence the value of real estate during a divorce. Market conditions are one consideration, and property location, rental income and outstanding debt can also play a role. In some cases, a property may have increased in value during the marriage. Improvements made over time may also affect the final valuation.

How business interests intersect with real estate

For owners of real estate companies, business assets and property holdings often intersect. One company may own a building and another may manage it. Partnerships or limited liability companies may hold some properties. These arrangements can make valuation more detailed and time-consuming.

Reviewing real estate for a fair settlement

A divorce involving multiple properties requires careful financial review. Determining the value of real estate holdings can help both spouses make informed decisions. Clear information about property values supports an equal division of marital assets, or an equitable distribution if an equal split is proven to be unfair under state law.]]> On Behalf of Greco Law <![CDATA[How are luxury assets appraised in an Ohio divorce?]]> https://www.thesurianolawfirm.com/?p=49007 2026-06-25T08:19:07Z 2026-06-25T08:19:07Z Why ownership history matters Valuation often starts with classification, or deciding whether an item belongs to both spouses or only one. Marital property usually includes things acquired during the marriage. Separate property may include assets owned before marriage, certain inheritances or gifts made only to one spouse. For gifts received during the marriage, Ohio law requires strong proof that the gift was intended for one spouse alone. Determining whether an asset stayed separate can become harder when money, titles or accounts mix over time. This is often called commingling. Documents such as deeds, appraisals, account statements, inheritance papers and gift letters can help show where an asset came from and whether it remained separate.

How appraisals show current value

Luxury assets may need more than a rough estimate. Depending on the item, an appraisal may focus on details such as:
  • Real estate appraisers often compare recent sales, location, condition and market demand.
  • Art appraisers usually look at authenticity, ownership history, condition and auction or private-sale data.
  • Jewelry or collectible appraisers typically review materials, rarity, condition, certificates and purchase history.
Timing is also important. An older appraisal might not reflect current conditions, especially if the item changed, demand shifted or debt affects what it is worth after loans or liens are considered.

Keeping valuation disputes focused

Photos, receipts, loan records, tax documents and updated appraisals can help reduce arguments over value and ownership. Organizing these documents early puts you in a better position to address disputes, support separate property claims and keep the divorce focused on the financial issues that need resolution.]]> On Behalf of Greco Law <![CDATA[Preparing for custody disputes when the other parent is a surgeon]]> https://www.thesurianolawfirm.com/?p=49001 2026-06-16T10:14:20Z 2026-06-23T10:03:15Z How Ohio courts evaluate scheduling matters Under Ohio Revised Code Section 3109, courts may designate one parent as the residential parent and legal custodian. The same law allows courts to approve a shared parenting plan, provided it serves the child’s best interests. A surgeon's work hours change often. Given such volatile working shifts, this makes shared parenting plans harder to manage. Courts look at these schedules. They will then decide how to split parenting time. The court’s ultimate goal is to ensure the child gets consistent care.

How demanding work schedules affect custody decisions

The unpredictable work hours of a surgeon parent can disrupt established school routines, extracurricular commitments, bedtimes and supervision. With this information, Ohio courts would prioritize the child's best interests. Courts would focus on the child’s stability and safety. Because of this, they carefully review a parent’s professional schedule. This schedule affects how they structure parenting time and allocate parental rights and responsibilities.

Practical steps for documentation

If the other parent is a surgeon, you need to set clear ground rules in spite of the co-parent’s demanding but erratic work schedule. You need to protect your child's routine. To help document your child's routine, consider:
  • Keeping factual records of missed events or scheduling conflicts
  • Using a shared digital calendar
  • Creating clear plans for on-call or emergency work situations
  • Identifying reliable backup caregivers
  • Maintaining records that demonstrate the child’s daily routine
These practices can help create a clear record of your child’s routine and support productive discussions regarding parenting responsibilities.

The role of guardians and other professionals

It is not enough to document your child’s routine in order to make a case for parental rights. You may need the input of professionals, who could give additional insights into to your circumstances..   A guardian ad litem or custody evaluator may provide observations or recommendations to the court. Other professionals, like teachers or doctors, might also give input. The court weighs all evidence to create a final plan that protects your child.   A co-parenting relationship with a surgeon is complex, but the child's stability must remain the focus. A documented and thoughtful approach helps manage unpredictable schedules. By staying child-focused, you can build a manageable and effective parenting plan.  ]]> On Behalf of Greco Law <![CDATA[Can divorce expose your business records?]]> https://www.thesurianolawfirm.com/?p=48997 2026-05-29T13:52:58Z 2026-05-29T13:52:58Z A divorce involving a company can feel like two cases at once. You need to address the end of the marriage, but you may also need to explain how the business makes money, what it owns and what drives its value. For business owners, physicians with practice interests, real estate investors and executives, this raises a serious concern: how much private company information can the other side see?

Why company records may matter

In an Ohio divorce, the court starts with the presumption that marital property and liabilities should be divided equally. If an equal split would be unfair, the court will determine an equitable division. To make this determination, a court must evaluate whether a business interest is marital property, separate property or a mix of both, which can make company records highly relevant. That does not mean every document becomes open to review. Still, when a divorce involves a company, both sides may look for records that show ownership, income, assets, debt and cash flow. Those records may include tax returns, profit and loss statements, balance sheets, payroll records, bank statements, shareholder agreements, loan files or real estate records. Records from related companies may also matter if money moves between them.

Sensitive information may still come up

In a high-asset divorce, business records can help value the company, confirm income or show whether personal expenses run through the business. This can matter when one spouse owns the company, holds a professional practice interest or controls several related entities. Business owners often worry about exposing private data, such as client lists, pricing models, employee pay or internal strategy. Those concerns can carry extra weight when a company has partners, investors, professional duties or trade-sensitive information.

Privacy issues need early attention

Divorce does not erase the need to protect real business interests. The key question often involves how the parties review records, who can see them and what limits should apply. Depending on the case, protective steps may include privacy agreements, redactions, access limits or financial professionals who review records without turning the divorce into a business dispute.

Keeping the case focused

Business records can become part of a divorce when ownership, income or value remains in dispute. For high-earning professionals and business owners, the goal is not only to share the right financial information, but also to control how sensitive records move through the case. Early planning can help you identify what may be relevant, what may need protection and who may need notice. That can reduce disruption, protect private information and keep the divorce focused on the financial issues the court needs to decide.]]> On Behalf of Greco Law <![CDATA[What should be included in a prenup?]]> https://www.thesurianolawfirm.com/?p=48996 2026-05-20T14:51:06Z 2026-05-20T14:51:06Z establish legal safety nets around specific elements of your finances.

Classification of income and earnings

Without a prenuptial agreement, courts generally view income earned during a marriage as marital property, regardless of who generated it. A comprehensive prenup clearly defines how you will treat high-level earnings, executive bonuses and investment yields. You may specify that individual income remains separate property, ensuring that the marriage does not compromise the wealth you personally accumulated.

Treatment of business

If you own a business or a share of a company, a divorce may force you to give your former spouse a percentage of your company’s value. However, a prenup may isolate your business interests from domestic disputes by declaring the entity as entirely separate property. It should also explicitly address the appreciation of the firm’s value during the marriage. This prevents a former spouse from claiming a share of that growth later.

Spousal support

The agreement should clearly state how you will handle alimony if you get a divorce. Setting these rules yourself prevents a judge from making a decision that could hurt your finances.

Protect your wealth with a comprehensive prenup

Safeguarding your finances before a marriage requires a comprehensive agreement that leaves no room for error or future disputes. By establishing clear boundaries early on, you may be confident that your wealth is safe even if the marriage does not work out.]]> On Behalf of Greco Law <![CDATA[How spousal support is decided in high-asset divorces]]> https://www.thesurianolawfirm.com/?p=48988 2026-05-07T08:39:16Z 2026-05-07T08:39:16Z Important key factors affecting spousal support Ohio courts decide spousal support using a multi-factor analysis rather than a fixed formula. A major factor is each spouse’s income, which may include stock options, bonuses and business profits. Courts also look at the length of the marriage and the marital standard of living, especially when one spouse depended on the other’s higher earnings. In addition, property and debt division matter since the assets or obligations each spouse receives can affect support needs. Tax consequences are another important piece of the analysis, especially for divorces finalizing after 2018. For cases like that, spousal support is no longer deductible to the payer or taxable to the recipient under federal law.

What high-asset support can look like

Spousal support in high-asset cases often aims to maintain the established marital standard of living over covering basic needs. Moreover, the structure of spousal support is just as important as the dollar amount. Some high-net-worth individuals may choose a simple monthly payment. This makes the amount predictable and easier to budget for both sides. Others may prefer tiered or “step-down” support that decreases over time. This may be due to an expected life-changing event in the recipient’s future, such as:
  • An increase in their earning capacity
  • Completion of training or education to seek employment
  • Other planned moves toward financial independence
When support payments are large, an agreement or court order may add protections to lower the risk of missed payments, such as:
  • Requiring life insurance to cover support in the event of death
  • Placing a lien on certain property
  • Using an escrow or reserve account to help ensure payments continue
Negotiating the terms of spousal support can be complex, especially in high-asset divorces. Lawyers often work closely with their clients to help ensure a favorable settlement.

Transitioning to life’s next chapter

When two high-net-worth individuals end their marriage, early planning is crucial in the creation of a strategy for spousal support. A well-structured arrangement is often the difference between a stable financial future for both parties and years of conflict.]]> On Behalf of Greco Law <![CDATA[How do you protect business interests in a high-asset divorce?]]> https://www.thesurianolawfirm.com/?p=48987 2026-05-06T06:27:49Z 2026-05-06T06:27:49Z Your business represents decades of sacrifice, strategic decisions and financial risks. Divorce proceedings in Dublin, Ohio, can expose that business to division as marital property, regardless of whose name appears on the documents. Ohio courts routinely award spouses significant portions of business value, leaving some owners without operational control when negotiations conclude.

How Ohio divides business assets

Ohio follows equitable distribution laws, which means courts divide marital property fairly but not always equally. Ohio courts look at several factors, including how long the marriage lasted, each spouse's earning ability and contributions to the business. Your spouse may claim an ownership interest if you started or grew your business during the marriage. Courts often order business valuations that reveal your company's true worth. Forensic accountants can uncover hidden value in goodwill, intellectual property and future earnings that increase what you owe.

Valuation methods that impact your settlement

Business valuation determines how much your company is worth and what your spouse may claim. The method that professionals use can change the final number by millions of dollars. Three common approaches exist:
  • The income approach looks at future earnings and what they are worth today
  • The market approach compares your business to similar companies that sold recently
  • The asset approach adds up what your company owns and subtracts what it owes
Each method produces different values. Opposing counsel will push for whichever approach gives your spouse the biggest share. Disputes over these methods drag out litigation and drive up legal costs. Expert witnesses often disagree on your company's worth, and a judge makes the final call on your financial future.

Consequences of inadequate protection

Without proper legal strategies, you may face forced buyouts or business liquidation to satisfy divorce settlements. Your spouse could gain partial ownership, creating conflicts that damage client relationships. A skilled attorney experienced in high-asset divorce cases can work with valuation professionals and develop approaches to minimize business risks. The protective measures you implement today will decide whether your decades of hard work remain intact or become vulnerable when your marriage ends.]]>