Bennett v. Bennett
2012 Ohio 5788
Ohio Ct. App.2012Background
- Married 1999; divorced 2011; two children (ages 10 and 8 at divorce).
- 2003: Mr. Bennett injured in car accident from job; injuries include back problems and brain aneurysm.
- During separation, their son was bitten by Mrs. Bennett's dog, incurring surgery and medical bills.
- Magistrate issued a 51-page decision; trial court adopted it with less detail.
- Custody awarded to Jill Bennett; shared parenting plans rejected; assets divided equally except a son’s medical debt assigned to Mrs. Bennett.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether sole custody to Mrs. Bennett or shared parenting is in the children's best interests | Bennett urged shared parenting | Bennett's behavior and lack of cooperation justify sole custody | Not an abuse of discretion; sole custody affirmed |
| Proper characterization of the $90,000 joint account funds as marital vs traceable to personal injury | Funds traceable to Bennett personal injury awards; thus separate property | Funds commingled; unable to trace; should be marital | Court did not err; equal division of marital assets upheld due to inability to trace |
| Whether the son's medical debt from the dog bite was marital or Mrs. Bennett's separate debt | Debt should be marital as incurred during marriage for joint benefit | Debt was Mrs. Bennett's non-marital debt due to her unilateral decision | Debt deemed marital; cross-assignment sustained and remanded for equitable division |
| Burden of proof regarding tracing of separate property after commingling | Bennett bears burden to prove traceability to separate property | Marital funds presumption applies; tracing required to rebut | Statutory presumption that assets are marital; party seeking separate property must prove traceability; court’s reasoning authorized |
Key Cases Cited
- Mayer v. Mayer, 2011-Ohio-1884 (5th Dist. Stark No. 2010-CA-277) (presumption of separate property for personal injury; burden to rebut)
- Lust v. Lust, 2002-Ohio-3629 (3d Dist. Wyandot No. 16-02-07) (allocation of personal injury proceeds between spouses; tracing)
- Kovacs v. Kovacs, 2011-Ohio-154 (6th Dist. Sandusky No. S-09-039) (review of property classification for manifest weight)
- Maloney v. Maloney, 2005-Ohio-1368 (2d Dist.) (burden-shifting in tracing commingled assets)
- Peck v. Peck, 1994-Ohio-000 (12th Dist.) (traceability of assets; commingling issues)
- Lucas v. Lucas, 2011-Ohio-6411 (7th Dist. Noble No. 11NO382) (debt characterization; marital vs separate)