Bolender v. Bolender
2014 Ohio 2136
Ohio Ct. App.2014Background
- Diane Bolender filed for divorce in Adams County, Ohio, and sought spousal support.
- Parties were married nearly 40 years; children emancipated.
- Final hearing addressed divorce, contempt, and spousal-support issues; both parties testified on income and expenses.
- Temporary spousal support of $500/month was ordered retroactively to February 1, 2012.
- A magistrate dissolved the marriage and awarded $500/month spousal support for 108 months; appellant objected.
- Trial court overruled objections and adopted the magistrate’s decision; this appeal followed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standard of review for magistrate objections | Bolender argues Civ.R. 53(D)(4)(d) requires independent de novo review. | Bolender contends the trial court properly applied independent review. | Overruled; trial court conducted proper independent review. |
| Whether $500/month spousal support for 108 months is equitable | Bolender asserts the award is unreasonable given incomes. | Bolender contends the award reflects totality of circumstances and statutory factors. | Not an abuse of discretion; affirmed. |
| Modification/termination of temporary spousal support | Bolender argues proceeds from sale of marital home justify modification or termination. | Bolender argues ongoing need and income disparity justify continued temporary support. | Not an abuse of discretion; denial upheld. |
Key Cases Cited
- Cherry v. Cherry, 66 Ohio St.2d 348 (Ohio, 1981) (abuse of discretion standard in divorce/maintenance)
- Kaechele v. Kaechele, 35 Ohio St.3d 93 (Ohio, 1988) (trial court must consider all statutory factors in spousal support)
- Briganti v. Briganti, 9 Ohio St.3d 220 (Ohio, 1984) (review of trial court decision for abuse of discretion)