DOMESTIC RELATIONS LAW COMMITTEE

The Fifth District recently decided the case of Lowe v Lowe, 2023-Ohio-3415. The Court was asked to interpret ambiguous language in a separation agreement signed between a husband and wife, which had divided their assets and liabilities in a dissolution of marriage action. The specific section in question related to the parties’ marital residence. The appellate court held that the trial court has broad discretion to clarify ambiguous language. The question is not one of contract principles, though a separation agreement is a contract between the parties. Rather, the litmus test is a combination of balancing “the intent of the parties” with “the equities involved.”