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90 Ohio App. 3d 161

628 N.E.2d 110

Turner v. Turner

Ohio Court of Appeals

Decided September 2, 1993

This page is marked noindex.

Ohio Court of Appeals · decided 1993-09-02

Key passage — most relied on by later courts

““ * * * I write separately to emphasize that Pichen should be limited to its specific facts and not applied as a rule of law. This court in Pichen held that, under the peculiar facts of that case, the trial court should have limited spousal support to a specific time. Since Pichen did not explain the specific factual basis for that conclusion, it has been contended that the same result must be reached with respect to every marriage of similar duration. However, under the Kunhle syllabus, a termination date for spousal support must be set only where the ‘payee spouse has the resources, ability, and potential to be self-supporting.’ In Pichen, this court apparently found that to be the case. * * * ””

quoted by 1 later decision, including 97 Ohio App. 3d 204 - Addy v. Addy

Good law ✅— No negative treatment on recordhow we know

Decided 1993-09-02

How this case has been cited

Cited by 7 later decisions — most recently February 2022

7 state decisions

401993200020102020decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Whiteside, Judge,

¶1 concurring.

¶2 Although I concur in the opinion and judgment, I write separately to emphasize that Pichen should be limited to its specific facts and not applied as a rule of law. This court in Pichen held that, under the peculiar facts of that case, the trial court should have limited spousal support to a specific time. Since Pichen did not explain the specific factual basis for that conclusion, it has been contended that the same result must be reached with respect to every marriage of similar duration. However, under the Kunhle syllabus, a termination date for spousal support must be set only where the “payee spouse has the resources, ability, and potential to be self-supporting.” In Pichen, this court apparently found that to be the case. Here, however, there is evidence supporting a finding that appellee probably will never be fully self-supporting, although she may become partially self-supporting. The trial court did not abuse its discretion in reserving jurisdiction to determine the future need for spousal support by making an indefinite award.

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