Kleinman v. Kleinman, 2013 Ohio 4511

Barbara and Jeffrey Kleinman remarried in 2007 after a 2002–2003 marriage and divorce, with a prenuptial agreement waiving spousal support.
Barbara filed for temporary and permanent spousal support in 2010; temporary support of $2,015 per month was awarded in January 2011.
Final hearing occurred in May–June 2012; the court found the prenuptial agreement valid and addressed temporary support and property division.
The trial court vacated the temporary support order and awarded Jeffrey a $32,000 credit for temporary support paid during proceedings against Barbara’s share of the property settlement.
Barbara appealed, arguing a court may still award temporary support despite a valid prenuptial waiver; the appellate court rejected this and affirmed the decision.

Issue	Plaintiff's Argument	Defendant's Argument	Held
May a trial court award temporary spousal support despite a valid prenuptial waiver?	Kleinman contends the court erred by denying discretion to award temp support contrary to the prenup.	Kleinman asserts the prenup forecloses temp support and the court should not award it.	Prenuptial waiver enforceable; no discretion to award temp support.
Was the $32,000 credit against the property settlement proper?	Kleinman argues the credit undermines Barbara’s rights despite the waiver.	Kleinman contends the credit reflects the parties’ waiver and the court’s earlier ruling.	Credit affirmed; temp support vacated and offset against property settlement.

Fletcher v. Fletcher, 68 Ohio St.3d 464 (Ohio Supreme Court, 1994) (prenup enforceability factors)
Gross v. Gross, 11 Ohio St.3d 99 (Ohio Supreme Court, 1984) (special conditions for enforceability of prenuptial agreements)
Buzard v. Buzard, 2012-Ohio-2658 (2d Dist. Clark, 2012) (limits on court discretion to award temp support contrary to an antenuptial agreement)