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Mantle v. Sterry11/13/2003
tirement assets (that is, the trial date of December 20, 2001).
.Considerations of division of marital property begin with a view toward potentially equal division; adjustments may be made based on all relevant factors in order to reach an equitable result. R.C. 3105.171(C)(1) provides:
Except as provided in this division or division (E) of this section, the division of marital property shall be equal. If an equal division of marital property would be inequitable, the court shall not divide the marital property equally but instead shall divide it between the spouses in the manner the court determines equitable. In making a division of marital property, the court shall consider all relevant factors, including those set forth in division (F) of this section.
Pursuant to R.C. 3105.171(F), in dividing marital property, the court must consider:
(1) The duration of the marriage;
(2) The assets and liabilities of the spouses;
(3) The desirability of awarding the family home, or the right to reside in the family home for reasonable periods of time, to the spouse with custody of the children of the marriage;
(4) The liquidity of the property to be distributed;
(5) The economic desirability of retaining intact an asset or an interest in an asset;
(6) The tax consequences of the property division upon the respective awards to be made to each spouse;
(7) The costs of sale, if it is necessary that an asset be sold to effectuate an equitable distribution of property;
(8) Any division or disbursement of property made in a separation agreement that was voluntarily entered into by the spouses;
(9) Any other factor that the court expressly finds to be relevant and equitable.
.A trial court has broad discretion in establishing an equitable division of marital property. Middendorf v. Middendorf (1998), 82 Ohio St.3d 397, 401. However, in making a division of marital property, a trial court must consider all factors enumerated in R.C. 3105.171(F). Casper v. DeFrancisco (Feb. 19, 2002), Franklin App. No. 01AP-604. Further, R.C. 3105.171(G) expressly provides that a trial court must make written findings of fact to support its determination. An exhaustive itemization of every factor is unnecessary; however, the court's decision must clearly indicate that the factors were considered before the property division was made. Casper, supra. A trial court's failure to consider the R.C. 3105.171(F) factors in making a division of marital property constitutes an abuse of discretion. Id.
.In the instant case, the trial court failed to make clear that it considered the R.C. 3105.171(F) factors, and failed to make written findings of fact supporting its determination that appellant should be awarded 30 percent of the marital portion of appellee's PERS account. Because the trial court failed to make such written findings of fact, we are unable to determine whether the trial court inequitably distributed the marital portion of appellee's PERS account, as appellant maintains. Accordingly, appellant's second assignment of error is sustained to the extent that she seeks remand to the trial court for explanation of the factual basis for, and the effect of the applicable statutory factors upon, the court's unequal distribution of marital retirement assets.
.In appellant's third assignment of error, she asserts the trial court erred in limiting her presentation of evidence. Specifically, she asserts the trial court should have allowed her to present evidence of appellee's pre-separation expenditure of funds on strippers and marij
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