McClain v. McClain

The sole question before this court is whether a court of common pleas may modify a provision for periodic sustenance alimony contained within a dissolution of marriage decree. We answer this question by limiting our holding in Wolfe v. Wolfe (1976), 46 Ohio St. 2d 399 [75 O.O.2d 474], to divorce cases, and by denying a trial court such jurisdiction to modify when the parties have voluntarily agreed to a dissolution.

The jurisdiction exercised by a trial court when granting a divorce is decidedly different than the jurisdiction exercised when granting a dissolution of marriage. In a divorce…