Wiener v. Wiener, 2013 Ohio 1849

Marcie Wiener (Wife) and Mark Wiener (Husband) are divorced in Warren County, Ohio; at separation in 2011 both children were emancipated or near emancipation.
Husband earns about $386,386 annually plus bonuses; Wife’s imputed income is $26,000.
Marital assets totaled approximately $2.4 million; the parties agreed to an equal division of assets.
Wife was a homemaker during the marriage; later, she works part-time in health care.
The trial court awarded Wife $13,500 per month in spousal support plus 45% of Husband’s future employment bonuses; Husband appeals.
Husband argues the award is excessive, improperly includes factors related to emancipated children, overemphasizes needs, and dismisses property division.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether spousal support award was excessive	Wiener argues the award overemphasizes needs and ignores equal property division	Wiener contends factors justify high support due to income disparity and lifestyle	No abuse of discretion; award upheld
Whether trial court adequately considered marital property division	Wiener asserts equal division should reduce spousal support	Wiener acknowledges property division but argues it should offset support	No reversible error; court considered assets in balancing factors

Kedanis v. Kedanis, 2012-Ohio-3533 (12th Dist. 2012) (balancing factors beyond need in spousal support)
Justice v. Justice, 2007-Ohio-5186 (12th Dist. 2007) (need is only one factor among many in §3105.18(C)(1))
Miller v. Miller, 154 Ohio St. 530 (1951) (emphasizes discretion in support decisions)
Schumann v. Schumann, 2010-Ohio-5472 (8th Dist. 2010) (emancipated-child expenses generally inappropriate to include for support)
Beitzel v. Beitzel, 2006-Ohio-4234 (5th Dist. 2006) (Beitzel distinguishes characterizing child expenses in support)