Bisker v. Bisker, 635 N.E.2d 308 (Ohio 1994). · Go Syfert
Bisker v. Bisker, 635 N.E.2d 308 (Ohio 1994). Cases Citing This Book View Copy Cite
263 citation events (195 in the last 25 years) across 3 distinct courts.
Strongest positive: Ventura v. Ventura (ohioctapp, 2026-03-23)
Treatment trajectory · 1994 → 2026 · click a year to view as-of
1994 2010 2026
Top citers, strongest first. 31 distinct citers. How cited ↗
discussed Cited as authority (rule) Ventura v. Ventura
Ohio Ct. App. · 2026 · confidence medium
“The trial court maintains ‘broad discretion when fashioning its division of marital property.’” Barlow v. Barlow, 2009-Ohio-3788 , ¶ 13 (9th Dist.), quoting Bisker v. Bisker, 69 Ohio St.3d 608, 609 (1994).
discussed Cited as authority (rule) Silmi v. Assad
Ohio Ct. App. · 2026 · confidence medium
“The trial court maintains ‘broad discretion when fashioning its division of marital property.’” Barlow v. Barlow, 2009-Ohio-3788 , ¶ 13 (9th Dist.), quoting Bisker v. Bisker, 69 Ohio St.3d 608, 609 (1994).
discussed Cited as authority (rule) Slabe v. Slabe
Ohio Ct. App. · 2025 · confidence medium
A reviewing court will not substitute its judgment for that of the trial court unless the trial court’s decision is unreasonable, arbitrary or unconscionable.” (Internal citations omitted.) Bisker v. Bisker, 69 Ohio St.3d 608, 609 (1994); Holcomb v. Holcomb, 44 Ohio St.3d 128, 131 (1989) (a trial court’s division will not be reversed on appeal absent an abuse of discretion). “‘When applying this standard of review, we must view the property division in its entirety, consider the totality of the circumstances, and determine whether the trial court abused its discretion when dividing t…
discussed Cited as authority (rule) Wiesen v. Wiesen
Ohio Ct. App. · 2025 · confidence medium
Finally, Robert contends that the trial court also erred “in allocating [Robert] all of his personal and business debt that was acquired during the marriage.” We disagree. {¶29} “The trial court maintains ‘broad discretion when fashioning its division of marital property.’” Barlow v. Barlow, 2009-Ohio-3788 , ¶ 13 (9th Dist.), quoting Bisker v. Bisker, 69 Ohio St.3d 608, 609 (1994).
cited Cited as authority (rule) Hunter v. Troutman
Ohio Ct. App. · 2025 · confidence medium
June 14, 2000), citing Bisker v. Bisker, 69 Ohio St. 3d 608, 609 (1994).
discussed Cited as authority (rule) Mercer v. Mercer
Ohio Ct. App. · 2024 · confidence medium
The trial court maintains “‘broad discretion when fashioning its division of marital property.’” Barlow v. Barlow, 2009-Ohio-3788 , ¶ 13 (9th Dist.), quoting Bisker v. Bisker, 69 Ohio St.3d 608, 609 (1994).
cited Cited as authority (rule) Heimann v. Heimann
Ohio Ct. App. · 2022 · confidence medium
Licking No. 17 CA 0091, 2018- Ohio-3328, ¶ 19, citing Bisker v. Bisker, 69 Ohio St.3d 608, 609-610 (1994).
discussed Cited as authority (rule) Speece v. Speece
Ohio Ct. App. · 2021 · confidence medium
A reviewing court will not substitute its judgment for that of the trial court unless the trial court’s decision is unreasonable, arbitrary or unconscionable.” Bisker v. Bisker, 69 Ohio St.3d 608, 609 (1994) (internal citations omitted). {¶19} “‘When applying this standard of review, we must view the property division in its entirety, consider the totality of the circumstances, and determine whether the trial court abused its discretion when dividing the spouses’ marital assets and debts.’” Calkins, supra, at ¶22 , quoting Baker v. Baker, 4th Dist.
discussed Cited as authority (rule) Fordeley v. Fordeley (2×)
Ohio Ct. App. · 2020 · confidence medium
Further, determining the validity of a prenuptial agreement “is a question of fact best left to the trial court.” Bisker at 610. {¶64} An appellate court must not substitute its judgment for that of the trial court where there exists some competent and credible evidence supporting the findings of fact and conclusions of law rendered by the trial court.
discussed Cited as authority (rule) Schoch v. Schoch
Ohio Ct. App. · 2019 · confidence medium
His retirement plan, however, is a marital asset that must be considered as part of the property division. “[A] vested pension plan accumulated during marriage is a marital asset that must be considered in arriving at an equitable division of property.” Bisker v. Bisker, 69 Ohio St.3d 608, 609 (1994), citing Holcomb v. Holcomb, 44 Ohio St.3d 128 (1989), syllabus.
cited Cited as authority (rule) Martin v. Martin
Ohio Ct. App. · 2016 · confidence medium
In the end, “[t]he award need not be equal, but it must be equitable.” Bisker v. Bisker, 69 Ohio St.3d 608, 609 (1994) (citation omitted).
discussed Cited as authority (rule) Calkins v. Calkins (2×)
Ohio Ct. App. · 2016 · confidence medium
A reviewing court will not substitute its judgment for that of the trial court unless the trial court’s decision is unreasonable, arbitrary or unconscionable.” Bisker v. Bisker, 69 Ohio St.3d 608, 609 (1994) (internal citations omitted).
cited Cited as authority (rule) Measor v. Measor
Ohio Ct. App. · 2005 · confidence medium
Bisker, at 609, 635 N.E.2d 308 . 16 .
cited Cited as authority (rule) McClelland v. McClelland, Unpublished Decision (6-14-2001)
Ohio Ct. App. · 2001 · confidence medium
Bisker , supra at 609, citing Cherry v. Cherry (1981), 66 Ohio St.2d 348 , 353 .
discussed Cited as authority (rule) Greiner v. Greiner, Unpublished Decision (12-7-2000)
Ohio Ct. App. · 2000 · confidence medium
In 1994, the Supreme Court of Ohio reaffirmed its decision in Koegel that "[t]he trial court is vested with broad discretion when fashioning its division of marital property. * * * The award need not be equal, but it must be equitable. * * * A reviewing court will not substitute its judgment for that of the trial court unless the trial court's decision is unreasonable, arbitrary or unconscionable." Bisker v. Bisker (1994), 69 Ohio St.3d 608 at 609.
discussed Cited "see" Shetler v. Shetler, 2008ca00036 (3-30-2009)
Ohio Ct. App. · 2009 · signal: see · confidence high
See, generally, Bisker v. Bisker 91994), 69 Ohio St.3d 608 N.E.2d 308." {¶ 150} Upon review of the Fourth District's decision, even if we do not apply a waiver theory, we do not find the alleged marital portion of Wife's IRA account an important and substantial marital asset.
discussed Cited "see" Basham v. Basham, 06ca3085 (5-14-2007)
Ohio Ct. App. · 2007 · signal: see · confidence high
See, generally, Bisker v. Bisker 91994), 69 Ohio St.3d 608 N.E.2d 308. {¶ 12} In the case at bar, the parties may on remand, in addition to submitting evidence concerning the valuation of Basham Construction, produce additional evidence regarding the *Page 7 valuation of JJ's.
cited Cited "see" Flesher v. Flesher, Unpublished Decision (11-24-2004)
Ohio Ct. App. · 2004 · signal: see · confidence high
See Bisker, 69 Ohio St.3d at 609 ; Blakemore, 5 Ohio St.3d at 219 ; Pons, 66 Ohio St.3d at 621 . {¶ 8} Ms. Flesher's assignment of error is overruled.
cited Cited "see" Marrero v. Marrero, Unpublished Decision (9-18-2002)
Ohio Ct. App. · 2002 · signal: see · confidence high
See Bisker , 69 Ohio St.3d at 609 .
cited Cited "see" Fernback v. Fernback, Unpublished Decision (12-14-2001)
Ohio Ct. App. · 2001 · signal: see · confidence high
See Bisker v. Bisker (1994), 69 Ohio St.3d 608 , 609 ; Pauly v. Pauly (1997), 80 Ohio St.3d 386 , 390 ; Martin v. Martin (1985), 18 Ohio St.3d 292 , 294-295 .
cited Cited "see" Wingate v. Wingate, Unpublished Decision (1-26-2001)
Ohio Ct. App. · 2001 · signal: see · confidence high
See Bisker v. Bisker (1994), 69 Ohio St.3d 608 , 609 , and cases cited.
examined Cited "see" Hock v. Hock, Unpublished Decision (12-19-2000) (3×)
Ohio Ct. App. · 2000 · signal: see · confidence high
See Bisker v. Bisker (1994), 69 Ohio St.3d 608 , 609 , 635 N.E.2d 308 , 309 .
discussed Cited "see" Clifton v. Clifton, Unpublished Decision (3-15-2000) (2×)
Ohio Ct. App. · 2000 · signal: see · confidence high
See Bisker v. Bisker (1994), 69 Ohio St.3d 608 , 609 , 635 N.E.2d 308 ; King v. King (1992), 78 Ohio App.3d 599 , 605 N.E.2d 970 .
discussed Cited "see, e.g." Butler v. Butler (2×)
Ohio Ct. App. · 2012 · signal: see, e.g. · confidence low
See, e.g., Bisker v. Bisker, 69 Ohio St.3d 608, 609 , 635 N.E.2d 308 (1994).
discussed Cited "see, e.g." Downs v. Downs, 07ca2998 (7-22-2008) (2×)
Ohio Ct. App. · 2008 · signal: see also · confidence low
Blakemore v. Blakemore (1983), 5 Ohio St.3d 217 , 218 , 450 N.E.2d 1140 ; Soulsby v. Soulsby , Meigs App. No. 07CA1, 2008-Ohio-1019 , at ¶ 8; see, also, *Page 5 Bisker v. Bisker (1994), 69 Ohio St.3d 608 , 609 , 635 N.E.2d 308 ("A trial court is vested with broad discretion when fashioning its division of marital property." (citing Berish v. Berish (1982), 69 Ohio St.2d 318 , 432 N.E.2d 183 )).
discussed Cited "see, e.g." Ewing v. Ewing, 06-Ca-148 (12-20-2007) (2×)
Ohio Ct. App. · 2007 · signal: see, e.g. · confidence low
See, e.g., Bisker v. Bisker (1994), 69 Ohio St.3d 608 , 609 , 635 N.E.2d 308 , 309 .
discussed Cited "see, e.g." El-Badewi v. El-Badewi, 2006ca00122 (7-23-2007) (2×)
Ohio Ct. App. · 2007 · signal: see, e.g. · confidence low
See, e.g., Bisker v. Bisker (1994), 69 Ohio St.3d 608 , 609 , 635 N.E.2d 308 , 309 .
discussed Cited "see, e.g." McKenzie v. McKenzie, Unpublished Decision (12-22-2006) (2×)
Ohio Ct. App. · 2006 · signal: see also · confidence low
See, also, Bisker v. Bisker (1994), 69 Ohio St.3d 608 , 609 , 635 N.E.2d 308 .
discussed Cited "see, e.g." Phillips v. Phillips, Unpublished Decision (4-24-2006) (2×)
Ohio Ct. App. · 2006 · signal: see, e.g. · confidence low
See, e.g., Bisker v. Bisker (1994), 69 Ohio St.3d 608 , 609 , 635 N.E.2d 308 , 309 .
discussed Cited "see, e.g." Young v. Young (2×)
Ohio Ct. App. · 2001 · signal: see also · confidence low
See, also, Bisker v. Bisker (1994), 69 Ohio St.3d 608, 609 , 635 N.E.2d 308 , citing Cherry v. Cherry (1981), 66 Ohio St.2d 348, 353 , 20 O.O.3d 318 , 421 N.E.2d 1293 .
discussed Cited "see, e.g." Vanderpool v. Vanderpool (2×)
Ohio Ct. App. · 1997 · signal: see, e.g. · confidence low
See, e.g., Bisker v. Bisker (1994), 69 Ohio St.3d 608, 609 , 635 N.E.2d 308, 309 .
Retrieving the full opinion text from the archive…
Bisker
v.
Bisker
No. 93-51.
Ohio Supreme Court.
Jul 27, 1994.
635 N.E.2d 308
Zashin, Rich & Sutula Co., L.P.A., Robert I. Zashin and Bessie J. Cassaro, for appellant., Avetis G. Darvanan, for appellee.
Douglas, Moyer, Pfeifer, Resnick, Sweeney, Wright.
Cited by 154 opinions  |  Published
Moyer, C.J.

It is syllabus law in Ohio that a vested pension plan accumulated during marriage is a marital asset that must be considered in arriving at an equitable division of property. Holcomb v. Holcomb (1989), 44 Ohio St.3d 128, 541 N.E.2d 597. The version of R.C. 3105.18 in effect at the time of the parties’ original divorce required the trial court to consider the retirement benefits of the parties when dividing marital assets. R.C. 3105.18(B)(3). (135 Ohio Laws, Part II, 614.) The trial court’s duty in this regard remained the same when the second divorce decree was journalized. However, in neither case did the trial court address appellee’s vested pension fund as a marital asset subject to division.

A trial court is vested with broad discretion when fashioning its division of marital property. Berish v. Berish (1982), 69 Ohio St.2d 318, 23 O.O.3d 296, 432 N.E.2d 183. However, a trial court’s discretion is not unbridled. The award need not be equal, but it must be equitable. Cherry v. Cherry (1981), 66 Ohio St.2d 348, 20 O.O.3d 318, 421 N.E.2d 1293. A reviewing court will not substitute its judgment for that of the trial court unless the trial court’s decision is unreasonable, arbitrary or unconscionable. Blakemore v. Blakemore (1983), 5 Ohio St.3d 217, 5 OBR 481,450 N.E.2d 1140. At a minimum, the trial court must address the factors listed in R.C. 3105.18 in arriving at its decision. To do otherwise is an abuse of discretion. In all pertinent respects, the law is the same now as it was at the time of the parties’ first divorce.

The record does not indicate that the trial court, at any juncture of the current proceedings, ever reviewed the retirement benefits of the parties as mandated by R.C. 3105.18. The trial court’s orders are therefore incorrect as a matter of law. During the first divorce proceeding, the trial court did not conduct an independent review but, rather, took the parties’ oral agreement at face value. This error cannot be corrected by a subsequent remarriage. The issue remained unsettled at the time of the second divorce and again was not addressed. Instead of rectifying an earlier omission, the trial court compounded it and the court of appeals affirmed it.

The trial court erred as a matter of law and, therefore, this matter must be remanded for a review of appellee’s pension benefits and their impact on the ultimate division of property.

By her second proposition of law, appellant argues that the antenuptial agreement executed prior to the parties’ second marriage should not have been invalidated. The court of appeals held that the trial court did not abuse its discretion in concluding that the parties were not adequately informed of their respective financial positions prior to the execution of the agreement. Consequently, the requirements for a valid agreement were not met. Gross v. Gross (1984), 11 Ohio St.3d 99,11 OBR 400, 464 N.E.2d 500. It seems paradoxical that appellant first argues that a full disclosure of pension rights was not made, but[*610] then comes full circle to argue that full disclosure was made when this argument benefits her. Regardless of this apparent incongruity, the validity of the antenuptial agreement at issue was a question of fact best left to the trial court. That decision was not arbitrary or unconscionable and, hence, will not be overturned.

For the foregoing reasons, the judgment of the court of appeals is reversed and this cause is remanded to the trial court for further proceedings consistent with this opinion.

Judgment reversed and cause remanded.

AM. Sweeney, Douglas, Wright, Resnick, F.E. Sweeney and Pfeifer, JJ., concur.