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Cases of Interest: Ohio
© National Legal Research Group, Inc.

Appeal (full category)

OHIO: McCoy v. McCoy, 91 Ohio App. 3d 570, 632 N.E.2d 1358 (1993).
Where the trial court overvalued the husband's physical therapy practice and therefore made an excessive award to the wife, it would be proper for the appellate court to order a remittitur.
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OHIO: Oatey v. Oatey, 83 Ohio App. 3d 251, 614 N.E.2d 1054 (1992) (published 1993).
Order to liquidate real property within 60 days to pay wife's prospective attorney's fees constituted a final appealable order.
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Appreciation of Assets (full category)

OHIO: Middendorf v. Middendorf, ___ Ohio St. 3d ___, 696 N.E.2d 575 (1998).
The increase in value of the husband's separate business was marital property, where he worked in the business during the marriage as co-owner and manager.
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Attorneys and Clients (full category)

OHIO: Krysa v. Sieber, 113 Ohio App. 3d 572, 681 N.E.2d 949 (1996) (published 1997).
The wife was entitled to relief from judgment on the ground of excusable neglect because her lawyer inadvertently made a mathematical error when calculating the value of the parties' marital property.
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Attorney's Fees (full category)

OHIO: Oatey v. Oatey, 83 Ohio App. 3d 251, 614 N.E.2d 1054 (1992) (published 1993).
Order to liquidate real property within 60 days to pay wife's prospective attorney's fees constituted a final appealable order.
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Bankruptcy (full category)

OHIO: Vaughan v. Vaughan, 131 Ohio App. 3d 364, 722 N.E.2d 578 (1999).
The wife's award of one-half interest in the husband's pension and one-half interest in the husband's deferred compensation was not "debt" for purposes of determining its dischargeability in bankruptcy.
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Classification of Assets (full category)

OHIO: Badovick v. Badovick, 128 Ohio App. 3d 18, 713 N.E.2d 1066 (1999).
The trial court abused its discretion by listing as a marital debt a loan to the wife that took place following the termination of the marriage. In addition, the trial court abused its discretion by awarding the wife jewelry as part of a division of the marital property without first determining the values of that jewelry.
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OHIO: Smith v. Smith, 91 Ohio App. 3d 248, 632 N.E.2d 555 (1993) (published 1994).
Social Security is not a marital asset but must be considered when equitably allocating pension benefits.
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OHIO: Frost v. Frost, 84 Ohio App. 3d 699, 618 N.E.2d 198 (1992) (published 1993).
Trial court did not abuse its discretion by classifying husband's law practice, which had been started 10 years before the marriage, as his separate property, while characterizing the income generated from the practice during the marriage as marital property.
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OHIO: Modon v. Modon, 115 Ohio App. 3d 810, 686 N.E.2d 355 (1996).
The full amount of the husband's personal injury settlement was properly classified as marital property, in view of the husband's failure to prove what part of the settlement was his separate property.
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Contempt (full category)

OHIO: In re Ayer, 119 Ohio App. 3d 571, 695 N.E.2d 1180 (1997).
The husband could be held in civil contempt for transferring funds in violation of a temporary restraining order and could be ordered to withdraw pension funds and place them in escrow as a purge condition, but he could not be ordered to provide financial records to the wife every month as a purge condition.
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Debts (full category)

OHIO: Vaughan v. Vaughan, 131 Ohio App. 3d 364, 722 N.E.2d 578 (1999).
The wife's award of one-half interest in the husband's pension and one-half interest in the husband's deferred compensation was not "debt" for purposes of determining its dischargeability in bankruptcy.
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Disability Benefits (full category)

OHIO: Kimmey v. Kimmey, No. 1-01-68 (Ohio Ct. App. Oct. 31, 2001).
The husband argued that the lower court erred when it classified his disability retirement benefits as marital property and divided them as a marital asset. In this case, the couple was married in March of 1986 and had two children during the marriage. In April 1997, the husband filed for divorce, citing incompatibility.
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Discovery (full category)

OHIO: Getter v. Getter, 90 Ohio App. 3d 1, 627 N.E.2d 1043 (1993).
The decision to impose sanctions against husband for failing to produce business records was not an abuse of discretion, but sanctions were overbroad to the extent that they excluded evidence on issues unrelated to the amount of his income.
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Division of Property (full category)

OHIO: Szerlip v. Szerlip, ___ Ohio App. 3d ___, 718 N.E.2d 473 (1998).
The husband and the wife entered into a private agreement to divide the household goods. This agreement did not prevent the trial court from determining the value of the property to be divided.
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OHIO: Winkler v. Winkler, 117 Ohio App. 3d 247, 690 N.E.2d 109 (1997).
The trial court did not abuse its discretion in ordering a public auction of the parties' farm without first securing an appraisal, where the husband did almost nothing to attempt a private sale and hampered the trial court's efforts to establish a value for the property.
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Factors in Award (full category)

OHIO: Dragojevic-Wiczen v. Wiczen, 101 Ohio App. 3d 152, 655 N.E.2d 222 (1995).
A disproportionate award of marital property to the wife was justified by the husband's criminal conviction and incarceration.
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OHIO: Smith v. Smith, 91 Ohio App. 3d 248, 632 N.E.2d 555 (1993) (published 1994).
Social Security is not a marital asset but must be considered when equitably allocating pension benefits.
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Jurisdiction (full category)

OHIO: Schiavone v. Schiavone, 126 Ohio App. 3d 780, 711 N.E.2d 694 (1998) (released 1999).
The trial court erred in attempting to retain jurisdiction over the distribution of the husband's retirement account in the event that he declared bankruptcy.
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OHIO: Fraiberg v. Cuyahoga County Court, 76 Ohio St. 3d 374, 667 N.E.2d 1189 (1996).
Under a civil rule authorizing service of process on nonresidents who lived in a marital relationship within the state, personal jurisdiction existed over the nonresident husband in the wife's legal separation action in Ohio.
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OHIO: Gibson v. Gibson, 87 Ohio App. 3d 426, 622 N.E.2d 425 (1993).
The trial court in a divorce action acted beyond its statutory authority by awarding the husband a "judgment for damages" based on damage done to the husband's pickup truck by the wife.
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Marital Home (full category)

OHIO: Haslem v. Haslem, ___ Ohio App. 3d ___, 727 N.E.2d 928 (2000).
The value of the marital contributions toward the marital residence was properly divided by the trial court and was not an abuse of discretion.
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Pensions (full category)

OHIO: Vaughan v. Vaughan, 131 Ohio App. 3d 364, 722 N.E.2d 578 (1999).
The wife's award of one-half interest in the husband's pension and one-half interest in the husband's deferred compensation was not "debt" for purposes of determining its dischargeability in bankruptcy.
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OHIO: Coats v. Coats, 63 Ohio Misc. 2d 299, 626 N.E.2d 707 (C.P. 1993).
A portion of spouse's civil service pension should not be exempted from the marital estate to the extent that it is in lieu of Social Security benefits, but an offset for the value of the other spouse's Social Security benefits may be equitable in some cases.
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OHIO: Walker v. Walker, 112 Ohio App. 3d 90, 677 N.E.2d 1252 (1996).
Hypothetical Social Security credits were properly deducted from the value of the husband's postal service pension, where equivalent sums had been deducted from his earnings and from his employer and credited to his pension plan in lieu of Social Security contributions.
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Personal Injury Awards (full category)

OHIO: Krysa v. Sieber, 113 Ohio App. 3d 572, 681 N.E.2d 949 (1996) (published 1997).
The wife was entitled to relief from judgment on the ground of excusable neglect because her lawyer inadvertently made a mathematical error when calculating the value of the parties' marital property.
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OHIO: Modon v. Modon, 115 Ohio App. 3d 810, 686 N.E.2d 355 (1996).
The full amount of the husband's personal injury settlement was properly classified as marital property, in view of the husband's failure to prove what part of the settlement was his separate property.
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Personal Property (full category)

OHIO: Szerlip v. Szerlip, ___ Ohio App. 3d ___, 718 N.E.2d 473 (1998).
The husband and the wife entered into a private agreement to divide the household goods. This agreement did not prevent the trial court from determining the value of the property to be divided.
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Postdecree Proceedings (full category)

OHIO: Hartzell v. Hartzell, 90 Ohio App. 3d 385, 629 N.E.2d 491 (1993).
Workers' compensation benefits that compensate for loss of earnings during the marriage and for expenses paid from marital assets constitute marital property.
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Professional Practices (full category)

OHIO: Frost v. Frost, 84 Ohio App. 3d 699, 618 N.E.2d 198 (1992) (published 1993).
Trial court did not abuse its discretion by classifying husband's law practice, which had been started 10 years before the marriage, as his separate property, while characterizing the income generated from the practice during the marriage as marital property.
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QDRO (Qualified Domestic Relations Order) (full category)

OHIO: Davis v. Davis, 131 Ohio App. 3d 686, 723 N.E.2d 599 (1998).>
A QDRO entered by the court that recognized the wife's right to one-half of the benefits of a police and fireman's retirement plan impermissibly provided the wife with benefits that are available only to members of the plan, by statute.
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Social Security Benefits (full category)

OHIO: Walker v. Walker, 112 Ohio App. 3d 90, 677 N.E.2d 1252 (1996).
Hypothetical Social Security credits were properly deducted from the value of the husband's postal service pension, where equivalent sums had been deducted from his earnings and from his employer and credited to his pension plan in lieu of Social Security contributions.
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OHIO: Smith v. Smith, 91 Ohio App. 3d 248, 632 N.E.2d 555 (1993) (published 1994).
Social Security is not a marital asset but must be considered when equitably allocating pension benefits.
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OHIO: Coats v. Coats, 63 Ohio Misc. 2d 299, 626 N.E.2d 707 (C.P. 1993).
A portion of spouse's civil service pension should not be exempted from the marital estate to the extent that it is in lieu of Social Security benefits, but an offset for the value of the other spouse's Social Security benefits may be equitable in some cases.
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Third Parties (full category)

OHIO: Koval v. Koval, ___ Ohio App. 3d ___, 716 N.E.2d 1217 (1999).
The mother of the wife was a necessary party to the divorce action where some marital assets were held jointly by the wife and her mother.
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OHIO: Huener v. Huener, 110 Ohio App. 3d 322, 674 N.E.2d 389 (1996).
The trial court abused its discretion by attempting to divest the husband's parents of their legal title to the marital residence without joining them as parties.
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Valuation of Property (full category)

OHIO: Young v. Young, 146 Ohio App. 3d 34, 764 N.E.2d 1093 (2001).
Where the trial court made a factual mistake in valuing the marital residence for the purpose of division, the case must be remanded to the trial court for correction of the error. The appellate court cannot determine that the overall division was fair and equitable despite the mistake: That determination is a matter for the discretion of the trial judge.
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OHIO: Haslem v. Haslem, ___ Ohio App. 3d ___, 727 N.E.2d 928 (2000).
The value of the marital contributions toward the marital residence was properly divided by the trial court and was not an abuse of discretion.
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OHIO: Coats v. Coats, 63 Ohio Misc. 2d 299, 626 N.E.2d 707 (C.P. 1993).
A portion of spouse's civil service pension should not be exempted from the marital estate to the extent that it is in lieu of Social Security benefits, but an offset for the value of the other spouse's Social Security benefits may be equitable in some cases.
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OHIO: Donovan v. Donovan, 110 Ohio App. 3d 625, 674 N.E.2d 1252 (1996).
The trial court acted within its discretion by accepting the husband's valuation of a lot over the wife's much higher valuation, where she had previously valued the lot at the lower amount in sworn documents.
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Worker's Compensation (full category)

OHIO: Hartzell v. Hartzell, 90 Ohio App. 3d 385, 629 N.E.2d 491 (1993).
Workers' compensation benefits that compensate for loss of earnings during the marriage and for expenses paid from marital assets constitute marital property.
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