# Berish v. Berish

> Ohio Supreme Court · February 19, 1982 · 69 Ohio St. 2d 318

URL: https://www.frixlaw.com/law-library/cases/6757505

## Case

- **Full name:** Berish v. Berish
- **Court:** Ohio Supreme Court
- **Decided:** February 19, 1982
- **Citations:** 69 Ohio St. 2d 318; 23 Ohio Op. 3d 296; 432 N.E.2d 183; 1982 Ohio LEXIS 577
- **Precedential status:** Published
- **Opinion:** Concurrence by Holmes
- **Judges:** Brown, Celebrezze, Holmes, Krupansky, Locher, Sweeney
- **Cited by:** 435 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6757505

## How later opinions describe it (automated extraction)

- stating that "if a trial court was rendered powerless to recognize and determine property rights in assets that do not exist at the time of the final decree, one party, from the time of separation to the time of the final decree, could withdraw all funds and, unilaterally and …
- stating that a trial court is authorized to use a de facto termination date under R.C. 3105.171(A)(2) provided that it is “reasonable under the facts and circumstances presented in a particular case”
- applying an abuse of discretion standard when establishing the duration of a marriage for purposes of valuation
- observing that trial court must have discretion in reviewing the facts of each case to determine what is equitable

## Opinion text

Holmes, J., concurring.
I wholeheartedly concur in this *322 opinion as another positive step, like Cherry v. Cherry, supra, in correcting some very unfortunate and misleading language in Wolfe v. Wolfe (1976), 46 Ohio St. 2d 399 . If this court will avail itself of the opportunity in the near future to recant and recuse the language of Wolfe , opining that a separation agreement is merged within the divorce decree, then all of the unfortunate dictum, as set forth in Wolfe , but not necessary to its determination, will be behind us.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6757505. Public record. Not legal advice.