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September 30, 2005
Case Law Development: Fraud on Marital Estate
When Husband took over $3,000 of cash advances on his credit card nearly three years before instituting divorce, there was insufficient evidence of wrongful intent to justify treating this action as financial misconduct. When a unilateral disposition of marital funds or assets occurs during the pendency of or just before filing a divorce, the timing alone is sufficient to prove wrongful intent. Here, however, the actions were too far removed in time from the filing of the divorce to rely on that presumption and more evidence of intent is required.
Orwick v. Orwick, 2005 Ohio 5055, 2005 Ohio App. LEXIS 4571 (September 21, 2005)
Opinion on the web at http://www.sconet.state.oh.us/rod/newpdf/7/2005/2005-ohio-5055.pdf
(last visited September 30, 2005 bgf)