Opinion

Wolfe v. Wolfe

  • 46 Ohio St. 2d 399
  • 75 Ohio Op. 2d 474
  • 350 N.E.2d 413
  • 1976 Ohio LEXIS 654
Court
Ohio Supreme Court
Filed
Jun 23, 1976
Status
Published
Author
Corrigan
On the bench
Brown, Celebrezze, Corrigan, Fourth, Herbert, Néill, Oneptwb, Steeñ, Stephenson, Syllabus, Síephenson
Cited by
267 cases

Overruled on other grounds by Cherry v. Cherry, 66 Ohio St. 2d 348 (1981)

instructing courts to approach a divorce action like an action in partition by using their authority to dissolve, windup and distribute assets and liabilities

How later courts described this case

  • instructing courts to approach a divorce action like an action in partition by using their authority to dissolve, windup and distribute assets and liabilities
  • “ ‘if the paramour resides in the wife’s home without contributing anything toward the purchase of food or the payment of normal household bills, then there may be a reasonable inference that the wife’s alimony is being used, at least in part, for the benefit of the paramour, in which case it could be argued with force that the amount thereof should be modified accordingly’ ”
  • “fair [separation] agreements may be rendered manifestly oppressive ... such as ... where the economic situation of either or both of the parties drastically changes”
  • i.e., that unchastity alone is not sufficient to terminate alimony

Written by the judges who cited it.

Later courts went against this

  • Overruled on other grounds by Cherry v. Cherry, 66 Ohio St. 2d 348 (1981)

    See Berish v. Berish, 69 Ohio St. 2d 318, 432 N.E.2d 183, 184-185 (Ohio 1982); Wolfe v. Wolfe, 46 Ohio St. 2d 399, 350 N.E.2d 413, 422 (Ohio 1976), overruled on other grounds Cherry v. Cherry, 66 Ohio St. 2d 348, 421 N.E.2d 1293 (Ohio 1981).
    Ohio Supreme CourtJun 10, 19812 citing opinionsother groundsRead it
  • Superseded by statute, as recognized in Morris v. Morris (Slip Opinion)

    46 Ohio St.2d 399 , 350 N.E.2d 413 (1976), superseded by statute as stated in Morris v. Morris, 148 Ohio St.3d 138 , 2016-Ohio-5002 , 69 N.E.3d 664, ¶ 28
    Ohio Supreme CourtJul 19, 2016by statutemedium confidenceRead it
  • Limited by McClain v. McClain, 15 Ohio St. 3d 289 (1984)

    However, "a division of marital property is not subject to modification through the continuing jurisdiction of the court."Robins, at ¶ 11, citing Wolfe v. Wolfe (1976),46 Ohio St.2d 399, limited by McClain v. McClain (1984), 15 Ohio St.3d 289;Bean v. Bean (1983), 14 Ohio App.3d 358, 361-362.
    Ohio Supreme CourtDec 31, 1984medium confidenceRead it

Distinguished

  • Distinguished by Ressler v. Ressler, 17 Ohio St. 3d 17 (1985)

    However, Wolfe is distinguishable because that case involved a sustenance award that was extended indefinitely and terminable on certain conditions subsequent, whereas this case involves a sustenance award that is subject to conditions subsequent, but definitely terminates after a term of years.
    Ohio Supreme CourtApr 24, 1985Read it

The opinion

Corrigan, J.,

dissenting. There is nothing arcane about the provisions of the separation agreement under, .study in this.case. It is; free from qualification or limitation,. The. intent of the parties is plainly stated in Item 9: ■1 * * * The liability of [Mr,] Wolfe for the payment set forth in this paragraph shall cease upon the happening of whichever of the following events shall occur first: (a) the.remarriage of the wife; (b) the death of the wife. * : .

Neither of these contingencies has occurred. Whether entering into the separation agreement in 1967.;was:wise or unwise on Mr. Wolfe’s part, in view of his former •wife’s admitted scandalous personal behavior, flaunting her disregard of conventional moral standards of rectitude, ;is not for decision by this court. He is the architect of his .own continuous mortification until one of the contingencies occurs. He is obligated by the terms of that agreement as long as he or his estate is able to fulfill its conditions.

I would affirm the judgment of the Court of Appeals.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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