Kunkle v. Kunkle

554 N.E.2d 83, 51 Ohio St. 3d 64, 1990 Ohio LEXIS 211
CourtOhio Supreme Court
DecidedMay 9, 1990
DocketNo. 89-140
StatusPublished
Cited by590 cases

This text of 554 N.E.2d 83 (Kunkle v. Kunkle) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kunkle v. Kunkle, 554 N.E.2d 83, 51 Ohio St. 3d 64, 1990 Ohio LEXIS 211 (Ohio 1990).

Opinions

Douglas, J.

The issues before this court focus on the award and payment of sustenance alimony. Did the trial court abuse its discretion in not terminating sustenance alimony payments on a date certain? May a trial court, pursuant to R.C. 3105.18 (A) and (B), award sustenance alimony based on a fixed percentage of the payor’s gross annual income less FICA? When may a trial court make sustenance alimony payments chargeable against the payor’s estate?

In Ohio, alimony consists of two components: a division of marital assets and liabilities, and periodic payments for sustenance and support. Kaechele v. Kaechele (1988), 35 Ohio St. 3d 93, 95, 518 N.E. 2d 1197, 1200. As part of a divorce proceeding, a trial court has equitable authority to divide and distribute the marital estate, and then consider whether an award of sustenance alimony would be appropriate. Holcomb v. Holcomb (1989), 44 Ohio St. 3d 128, 541 N.E. 2d 597; R.C. 3105.18(A).

Courts in this state derive their power to award sustenance alimony from the statutes. R.C. 3105.18(A) and (B) provide a trial court with guidelines for determining whether alimony is necessary and the nature, amount and manner of alimony payments. Wolfe v. Wolfe (1976), 46 Ohio St. 2d 399, 414, 75 O.O. 2d 474, 482, 350 N.E. 2d 413, 423. The trial court is provided with broad discretion in deciding what is equitable upon the facts and circumstances of each case, but such discretion is not unlimited. Cherry v. Cherry (1981), 66 Ohio St. 2d 348, 355, 20 O.O. 3d 318, 322, 421 N.E. 2d 1293, 1299. A reviewing court cannot substitute its judgment for that of the trial court unless, considering the totality of the circumstances, the trial court abused its discretion. Holcomb, supra, at 131, 541 N.E. 2d at 599. As we noted in Blakemore v. Blakemore (1983), 5 Ohio St. 3d 217, 219, 5 OBR 481, 482, 450 N.E. 2d 1140, 1142, for an abuse of discretion to exist, the court’s attitude must be unreasonable, arbitrary or unconscionable and not merely an error of law or judgment.

Accordingly, in this appeal, we must look at the totality of the circumstances and determine whether the trial court acted unreasonably, arbitrarily or unconscionably in awarding sustenance alimony to appellee.

I

Appellant contends that the trial court erred by not providing a termination date as to the sustenance alimony payments. Appellant specifically targets that portion of the initial entry requiring him to continue payments for the life of the appellee unless she remarries or cohabits for more than [68]*68six months consecutively,1 and the language in the second entry making the award unmodifiable “* * * as long as * * * [appellee] continues to be the homemaker for her children as their custodian * *

Appellant urges that sustenance alimony is awarded to afford a spouse a reasonable time to become self-supporting, and in the vast majority of cases, including the case sub judice, sustenance alimony should be limited to a certain duration.

The court of appeals acknowledged that the modern trend is to limit alimony to a definite period of time, but to do so in this case, said the court, would be a hardship upon appellee. We disagree.

The better approach, we believe, has been recognized in Koepke v. Koepke (1983), 12 Ohio App. 3d 80, 12 OBR 278, 466 N.E. 2d 570, where the court stated:

“Considering current social and economic conditions, * * * awards of alimony for sustenance and support should be made terminable upon a date certain in the vast majority of cases wherein both parties have the potential to be self-supporting. In such cases, an award of alimony terminable upon a date certain provides both the interim support necessary to the recoverer of the award and certainty in the judgment.” (Emphasis added.) Id. at 81, 12 OBR at 279-280, 466 N.E. 2d at 571.

The Koepke court further stated that providing a termination date is not legally mandated and, in some situations, it could work a hardship on either the payor or payee. Therefore, “* * * in cases involving a marriage of long duration, parties of advanced age, and a homemaker-spouse with little opportunity to develop a career, a trial court may, in the proper exercise of its discretion, award alimony terminable only upon certain contingencies * * *.” (Emphasis added.) Id. at 81, 12 OBR at 280, 466 N.E. 2d at 571.

Our review of the record indicates that appellant and appellee were married for eighteen years. At the time of trial, appellee was thirty-seven years old and in good health. Appellee’s expert testified that appellee’s earning capacity was $15,150 per year. Also at the time of trial, appellee had resumed her college education and estimated she could complete her degree requirements in four or five years. In addition, appellee testified she was in love with a physician. The physician testified he had asked the appellee to marry him.

In Ohio, terminating a marriage is often approached by the courts as a dissolution of a partnership and “[o]nly after a division of property is made, is the court statutorily authorized to consider whether an additional amount is needed for sustenance, and for what period will such necessity persist.

“Any grant of ‘alimony’ for sustenance is necessarily co-extensive with the court’s determination that it is needed and warranted. * * *” (Emphasis added.) Wolfe, supra, at 414, 75 O.O. 2d at 482, 350 N.E. 2d at 423.

Hence, it follows that a trial court must determine whether there is a need for sustenance alimony, and, if so, the amount needed and the dura[69]*69tion of the need. Need is “[a] relative term, the conception of which must, within reasonable limits, vary with the personal situation of the individual employing it. [The] [t]erm means to have an urgent or essential use * * Black’s Law Dictionary (5 Ed. 1979) 929.

After determining a need exists, the court is then confronted with the often difficult task of determining the duration of the need. The modem trend favors terminating alimony on a date certain. The reason for awarding sustenance alimony payable only to a date certain is that the payee’s need requiring support ceases, when, under reasonable circumstances, the payee can become self-supporting. Conversely, if under reasonable circumstances a divorced spouse does not have the resources, ability or potential to become self-supporting, then an award of sustenance alimony for life would be proper.

After a thorough review of the record, and in light of appellee’s testimony, we find that appellee has the resources, ability and potential to become self-supporting. Furthermore, we find that terminating sustenance alimony on a date certain would not work an undue hardship on appellee. We have concluded that within a reasonable time, and with a reasonable effort on the part of appellee, she can become self-supporting.

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Cite This Page — Counsel Stack

Bluebook (online)
554 N.E.2d 83, 51 Ohio St. 3d 64, 1990 Ohio LEXIS 211, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kunkle-v-kunkle-ohio-1990.