Blakemore v. Blakemore

Summary

The Ohio Supreme Court held that a trial court did not abuse its discretion by terminating sustenance alimony after finding changed circumstances, including the recipient’s employment, assets, and income. The court emphasized that employment does not automatically eliminate the need for alimony, but may be considered with all relevant circumstances. The court reversed the appellate judgment and also stated that an interest rate above the statutory rate on alimony arrearages was contrary to law.

Holdings

1. The trial court did not abuse its discretion in terminating sustenance alimony after finding changed circumstances demonstrating that the appellee's income and assets exceeded her needs.
2. Gainful employment is a factor that may and should be considered in an alimony modification or termination proceeding, but employment does not automatically eliminate the need for sustenance alimony.
3. The court of appeals erred as a matter of law by imposing a fifteen percent interest rate on alimony arrearages; the applicable statute allowed interest at eight percent per annum and no more.

Questions Presented

1. Whether the trial court abused its discretion by terminating the appellee's sustenance alimony after finding changed circumstances.
2. Whether the court of appeals properly substituted its judgment for that of the trial court when reversing the alimony termination.
3. Whether the court of appeals could impose a fifteen percent interest rate on alimony arrearages when the governing statute allowed eight percent.

Disposition

reversed