Golan-Elliott v. Elliott, 2017 Ohio 8524

Background

Ralph Elliott (older spouse) and Virginia Golan-Elliott married in 1997 and signed an antenuptial agreement; both were represented by counsel. No children. Both worked as realtors.
A 2013 dissolution in Logan County, with a separation agreement, was dismissed after Ralph failed to appear at the final hearing.
Virginia filed for divorce in Union County in May 2015; the cases were consolidated and a contested hearing occurred Oct. 31–Nov. 1, 2016.
Trial court found both the antenuptial and separation agreements inapplicable, classified and divided marital property (including a residence built on land Ralph inherited), and awarded Ralph spousal support of $250/month for 36 months (no continuing jurisdiction).
Ralph appealed, raising five assignments of error about (1) support, (2) business-asset findings/credits, (3) enforceability of antenuptial/separation agreements, (4) exclusion of an appraisal expert, and (5) property valuation/classification and distributive award. Court affirmed in all respects.

Issues

Issue	Plaintiff's Argument (Virginia)	Defendant's Argument (Ralph)	Held
Enforceability of antenuptial agreement	Antenuptial not relied upon for selective enforcement; parties failed to timely invoke it	Antenuptial executed with counsel; should be enforced as written	Court: agreements inapplicable; parties had not abided by them and sought selective enforcement; refusal affirmed
Enforceability of separation agreement	Separation agreement was part of prior dissolution but was voided by dismissal and parties’ conduct showed no intent to be bound	Separation agreement was voluntarily entered with counsel and contained survival clauses; should be enforceable	Court: discretionary refusal to enforce under R.C. 3105.10(B)(2) not an abuse of discretion given Ralph’s failure to appear and trial testimony indicating lack of intent
Spousal support (temporary and permanent)	N/A (Virginia was ordered to pay)	Trial court erred denying temporary support to Ralph and awarding only $250/month starting 2017	Court: trial court considered statutory R.C. 3105.18(C)(1) factors; denial of temporary support and $250/month for 36 months not an abuse of discretion
Business assets, valuations, and distributive credits	Business interests and personal property were listed and equitably divided; no independent value shown for Virginia’s realtor activity	Ralph contends he gifted business, was later fired, and is entitled to credit/value for transfers and payments	Court: Ralph failed to present evidence of business valuation or tracing; trial court’s equitable division and valuations supported by competent evidence; no reversible error
Exclusion of appraisal expert	N/A	Trial court abused discretion by denying late motion to add appraisal expert and reports	Court: trial court set firm discovery/disclosure deadlines and properly excluded late expert absent good cause; no abuse of discretion
Classification of residences and inherited land	Restoration Drive and Maple Ridge were marital; proceeds and improvements were commingled	Maple Ridge built on Ralph’s inherited land — should be separate property; entitled to credits and earlier (2013) valuations	Court: evidence showed commingling, joint financing, and active involvement by Virginia; Ralph failed to trace separate property or present 2013 valuation evidence — classification and valuation affirmed

Key Cases Cited

Fletcher v. Fletcher, 68 Ohio St.3d 464 (Ohio 1994) (prenup enforcement recognized; contract principles apply)
Gross v. Gross, 11 Ohio St.3d 99 (Ohio 1984) (standards for validity of prenuptial agreements)
Cohen v. Estate of Cohen, 23 Ohio St.3d 90 (Ohio 1986) (good faith/fair dealing required in prenuptial performance)
Zimmie v. Zimmie, 11 Ohio St.3d 94 (Ohio 1984) (prenups enforceable if fair and reasonable)
Blakemore v. Blakemore, 5 Ohio St.3d 217 (Ohio 1983) (definition of abuse of discretion)
Kunkle v. Kunkle, 51 Ohio St.3d 64 (Ohio 1990) (trial court authority to divide marital estate and consider alimony)