Trainer v. Trainer

Citations

• 2024 Ohio 1581

Syllabus

Divorce spousal support modification change in circumstances indefinite support long term marriage imputed income retirement magistrate's decision abuse of discretion R.C. 3105.18. Judgment affirmed. The trial court did not abuse its discretion when it modified Husband's spousal support obligation to $2,500 per month. Husband voluntarily retired at the age of 69 years old, with a change in his employer's administration leadership and declining health. This constitutes a substantial change in circumstances that makes the existing award of $12,000 per month unreasonable, given his estimated post-retirement income reduced to $109,300 from $643,197. The court considered all the R.C. 3105.18 factors and made findings for each, ultimately explaining how they impacted the decision to modify Husband's spousal support obligation. The court did not abuse its discretion when it imputed to Wife a $25,000 annual income because the court considered and weighed the spouses' relative earning abilities along with other factors to arrive at a reasonable spousal support amount and term. Additionally, the trial court did not abuse its discretion in awarding indefinite spousal support because marriage was of long duration (28 years) and statutory findings were supported by competent credible evidence.