C.B. v. B.B.

Citations

• 2025 Ohio 2219

Syllabus

Dissolution decree; separation agreement; conflicting terms; ambiguity; controlling; contract; intent of the parties; de novo; evidentiary hearing. Trial court erred in denying appellant's motion to terminate spousal support on a bright-line rule of law that when a provision in a dissolution decree and separation agreement conflict, the separation agreement controls. When provisions conflict, the trial court should review the language of the documents and consider the intent of the parties in deciding which document controls. Because the trial court did not consider the intent of the parties or the circumstances surrounding the inclusion of the conflicting terms, denying appellant's motion without such consideration was in error, and thus, the record is silent for this court to conduct a de novo review of the issue on appeal.