Kent v. Kent
2012 Ohio 2745
Ohio Ct. App.2012Background
- After 26 years of marriage and six children, Husband filed for divorce and Wife counterclaimed.
- Wife was homemaker for 19 years; earned an associate’s degree in 1986 but did not work, later part-time since 2005; pursued a massotherapist license in 2009 but license not yet issued at trial.
- Husband worked full-time; at trial his income was $82,248 and Wife's was $9,000; trial court imputed income to Wife and awarded $750/month spousal support for 101 months on remand.
- Appellate court previously reversed the first spousal-support award for improper income imputation, remanding for redetermination.
- On remand, trial court awarded $1,750/month for 101 months and stated Wife was licensed as a massotherapist; both parties appealed.
- This court affirms in part, reverses in part, and remands for further proceedings consistent with the opinion, including the duration explanation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Duration of spousal support was improper | Wife argues the 8.4-year term is an abuse of discretion. | Husband argues the term is appropriate and supported by factors. | Wife's argument sustained; insufficient rationale for limited duration; remand for explanation. |
| Trial court's finding that Wife is licensed massotherapist | Wife contends she was licensed; license not present at trial undermines finding. | Husband contends the finding is unsupported and improper. | Finding deemed harmless error and invited; assignment overruled. |
Key Cases Cited
- Brubaker v. Brubaker, 9th Dist. No. 22821, 2006-Ohio-1035 (2006) (abuse-of-discretion standard for spousal support; need not enumerate all factors)
- Zemla v. Zemla, 9th Dist. No. 09CA0019, 2010-Ohio-3938 (2010) (requires factual basis for income and education considerations in support awards)
- Naylor v. Naylor, 9th Dist. Nos. 21758 & 21881, 2004-Ohio-4452 (2004) (indefinite spousal-support awards in long-duration marriages)
- Schieve v. Schieve, 9th Dist. No. 05CA0037-M, 2005-Ohio-5190 (2005) (indefinite duration may be upheld in long marriages with similar economic disparities)
- Kent v. Kent, 9th Dist. No. 25231, 2010-Ohio-6457 (2010) (prior reversal for improper income imputation when license status uncertain)