Strahler v. Strahler, Unpublished Decision (2-5-1999)
Strahler v. Strahler, Unpublished Decision (2-5-1999)
Opinion of the Court
This is an appeal by defendant-appellant Karen Strahler from a judgment of the Washington County Court of Common Pleas that granted Ms. Strahler and plaintiff-appellee Timothy H. Strahler a divorce, awarded Ms. Strahler spousal support, and divided the parties' marital property.
The parties were married on May 30, 1967. As the result of marital discord, Mr. Strahler filed for divorce on August 6, 1996. Ms. Strahler answered and filed a counterclaim for divorce. After a final hearing, the trial court granted the parties a divorce on the grounds of incompatibility.
In her appeal, Ms. Strahler asserts two assignments of error. The first assignment challenges the trial court's award of spousal support. The second assignment challenges the court's valuation and division of the marital property. When reviewing a trial court's award of spousal support, as well as a division of property by the court, appellate courts apply an abuse of discretion standard.1 An abuse of discretion is more than a mere error of judgment. It implies that the court's attitude is arbitrary, unreasonable, or unconscionable.2 When applying this standard of review, appellate courts may not freely substitute their judgment for that of the trial court.3 Every reasonable presumption must be made in favor of the trial court's findings of fact because the trial court is in the best position to determine the credibility of the evidence.4 Applying these guidelines, we now turn to Ms. Strahler's two assignments.
Under R.C.
Ms. Strahler's chief argument against the court's award is that the court did not properly consider that she suffers from various medical and psychological problems, including Hepatitis-C and depression, that prevent her from gainful employment in the real estate business, where she began working in the 1980s. But a review of the trial court's findings reveals that the court did consider her problems. These findings were made after three days of hearings, where several witnesses, including the parties, testified and were cross-examined. The court looked at Ms. Strahler's performance as a real estate broker. It noted that she has a strong knowledge of real estate, that she has a good reputation in the business, and that she was able to earn commissions even after her problems began. The court concluded that her mental condition is improving and suggested that she has prospects of returning to the real estate business in the near future.
Upon a review of the record, we conclude that the court's findings were supported by competent and credible evidence. Although Ms. Strahler suffers from a variety of problems, the record reveals that these problems have the potential to improve or be controlled. We find it reasonable for the court to have concluded that she has prospects of returning to work.10 Ms. Strahler has not convinced us that the court failed to consider any of the statutory factors regarding spousal support. We hold that the trial court did not abuse its discretion in awarding the amount of spousal support that it did.
Ms. Strahler also argues that the trial court erred by awarding spousal support that terminates after a specific period of time, rather than ordering that the support continue indefinitely. But spousal-support awards should generally terminate at a specific time, especially where the recipient spouse has the "resources, ability, and potential to be self-supporting."11 In Thomas v. Thomas, for instance, this court held that the trial court did not abuse its discretion by not awarding indefinite spousal support.12 In that case, although the recipient spouse suffered from depression, which was lowering her earning capacity, this court determined that she had the potential to recover in several years and the potential to become self-supporting.13 This court also noted that the trial court had reserved jurisdiction to modify the order of spousal support. Thus, if the recipient spouse's condition did not improve, she could seek to modify the support order at a later date.14
Here, as in the Thomas case, Ms. Strahler's problems have the potential to improve or be controlled. She should realistically be able to return to her real estate job. Also, the trial court reserved jurisdiction to modify the spousal-support order. If Ms. Strahler's condition should not improve, she will be able to seek more support. In short, we hold that the trial court did not abuse its discretion in not ordering indefinite support. We overrule Ms. Strahler's first assignment.
Here, Ms. Strahler raises three general arguments regarding various properties valued and divided by the court. She first argues that the court arbitrarily assigned values to certain properties. Second, she argues that the court disregarded alleged misappropriation of money by Mr. Strahler. Third, she argues that the court arbitrarily classified certain debts created by her as her own personal debts, while classifying debts created by Mr. Strahler during the same period of time as marital debts. We hold that her first and third arguments have some merit, while the second argument does not.
Both parties presented competent and credible evidence regarding the values of the properties. Where the parties presented different values for the same property, the court in its discretion needed to determine the value as equitably as possible. We hold, as other appellate courts have held in the past, that taking an average value for the properties was not an abuse of discretion.20
But regarding one property (referred to as the "Miller Property" and owned by a partnership in which Mr. Strahler has a 50% interest), the court did not take an average value. Ms. Strahler offered evidence that the market value of this property was $45,000 to $70,000. Mr. Strahler offered evidence that it was worth $37,000, with a partnership value to him of $9,665. On cross-examination, however, he suggested that the market value of the property might be as much as $45,000. Ultimately, the trial court, without any explanation, accepted Mr. Strahler's proposed value of $9,665. Considering that the court had taken average values for other properties and considering that the court offered no explanation for its finding, we conclude that the court may have erred in selecting this value. At the least, we cannot determine its correctness from the record. We remand to the trial court to determine an appropriate value for the Miller Property, with the basis of this determination articulated in sufficient detail to enable a reviewing court to determine that it is equitable.
In making an equitable division of marital property, a trial court must consider the duration of the parties' marriage.21 Although a trial court need not utilize the same valuation date for each item of marital property,22 it may not arbitrarily select different dates to value different marital assets.23 For purposes of effecting an equitable division of property, a marriage is deemed terminated upon the final hearing date.24 But if the court finds that use of the final hearing date would be inequitable, "during the marriage" means the period of time between those dates that the court deems equitable.25 Under R.C.
Here, the trial court did not indicate the dates that it used in determining the duration of the parties' marriage. Without these dates, we cannot effectively address Ms. Strahler's argument that the court arbitrarily treated her debts as personal debts while treating Mr. Strahler's debts during the same period of time as marital debts. Thus, we cannot effectively address Ms. Strahler's arguments regarding the mortgages on the Arrow Drive properties and the value of the Laminate Shop. We remand to the trial court to indicate the dates it used in determining the duration of the Strahlers' marriage and, if it used different dates to value different properties, to state its reasons for doing so. We also remand to the court to explain in more detail how it treated the mortgages on the Arrow Drive properties and valued the Laminate Shop. The findings should address Ms. Strahler's arguments and contain sufficient detail to enable a reviewing court to determine that its conclusions are equitable.
JUDGMENT AFFIRMED IN PART AND REVERSED IN PART AND CAUSE REMANDED
The Court finds there were reasonable grounds for this appeal.
It is ordered that a special mandate issue out of this Court directing the Washington County Common Pleas Court to carry this judgment into execution.
Any stay previously granted by this Court is hereby terminated as of the date of this entry.
A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of the Rules of Appellate Procedure.
KLINE and ABELE, JJ.: Concur in Judgment and Opinion.
FOR THE COURT
-------------------------- Mark P. Painter, Judge
Judge Mark P. Painter, of the First Appellate District, sitting by assignment.
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