Appeal from the Court of Common Pleas, Domestic Relations Division, Case No. 2011-DR-01572
For Plaintiff-Appellee ROSEMARY G. RUBIN.
For Defendant-Appellant STANLEY R. RUBIN.
JUDGES: Hon. Sheila G. Farmer, P.J., Hon. John W. Wise, J., Hon. Craig R. Baldwin, J.
(¶1} Appellant, Peter Kazakis, and appellee, Rose Kazakis, were married on April 23, 1977. On December 19, 2011, appellee filed a complaint for divorce. A hearing before a magistrate was held on September 6, 2012. By decision filed October 15, 2012, the magistrate recommended the granting of a divorce, a division of property, and a spousal support award to appellee. Both parties filed objections. By judgment entry filed November 29, 2012, the trial court denied the objections and approved and adopted the magistrate's decision.
(¶2} Appellant filed an appeal and assigned the following errors:
(¶3} "THE TRIAL COURT ERRED IN COUNTING THE APPELLANT'S PENSION TWICE; FIRST AS A MARITAL ASSET SUBJECT TO EQUAL DIVISION AND THEN AGAIN AS INCOME IN MAKING AN AWARD OF SPOUSAL SUPPORT."
(¶4} "THE TRIAL COURT'S METHOD FOR DIVIDING THE APPELLANT'S POLICE AND FIRE PENSION RESULTED IN AN INEQUITABLE DIVISION OF MARITAL ASSETS."
(¶5} "THE TRIAL COURT'S SPOUSAL SUPPORT AWARD WAS NOT APPROPRIATE AND REASONABLE."
(¶6} "THE TRIAL COURT ERRED IN FAILING TO CONSIDER THE DISTRIBUTIVE AWARD WHEN MAKING ITS AWARD OF SPOUSAL SUPPORT."
(¶7} Appellee filed a cross-appeal and assigned the following error: CROSS-ASSIGNMENT OF ERROR I
(¶8} "THE TRIAL COURT ERRED IN FAILING TO CONSIDER THE VETERANS' DISABILITY PENSION OF THE APPELLANT IN DETERMINING THE AMOUNT OF SPOUSAL SUPPORT."
(¶9} This matter is now before this court ...