Warner v. Warner
2013 Ohio 478
Ohio Ct. App.2013Background
- divorce filed May 18, 2011; parties reached agreement on property division but disputed spousal support
- June 26, 2012, final hearing addressed property division and spousal support
- Appellant explained his net monthly income and deductions; starting salary and raises over 12 years
- Appellee testified to employment history and current earnings and ongoing expenses
- July 23, 2012, court distributed property; July 25, 2012, court awarded appellee $2,400/month spousal support for 12 years
- This appeal challenges the sufficiency of the spousal support award and its duration
- Both parties have substantial retirement assets; marriage duration nearly 28 years
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the spousal support award reasonable and proper? | Warner argues the award is unreasonable/unequitable | Warner contends the award was properly based on statutory factors | Award reversed; remanded for reconsideration |
Key Cases Cited
- Kunkle v. Kunkle, 51 Ohio St.3d 64 (Ohio Supreme Court 1990) (abuse of discretion standard; consider all factors)
- Bechtol v. Bechtol, 49 Ohio St.3d 21 (Ohio Supreme Court 1990) (requirement to indicate basis for award in record)
- Holcomb v. Holcomb, 44 Ohio St.3d 128 (Ohio Supreme Court 1989) (spousal support awards must consider statutory factors)