1. Home
  2. Browse Decisions
  3. Ohio
  4. 96 Ohio
  5. 96 Ohio St.3d 228 (2002)
 

COSBY v. COSBY

No. 2001-0659.

96 Ohio St.3d 228 (2002)

2002-Ohio-4170

COSBY, APPELLEE, v. COSBY, APPELLANT, ET AL.

Supreme Court of Ohio.

Decided August 28, 2002.

Attorney(s) appearing for the Case

Fred Miller, for appellee.

John M. Holcomb, for appellant.

Betty D. Montgomery, Attorney General, and Christopher S. Cook, Assistant Attorney General, for amici curiae State Teachers Retirement System, the Public Employees Retirement System of Ohio, the School Employees Retirement System of Ohio, the Ohio State Highway Patrol Retirement System, and the Ohio Police and Fire Pension Fund.

LUNDBERG STRATTON, J.

{¶ 1} The issue before us is whether a court may impose a constructive trust upon the State Teachers Retirement System ("STRS") survivor benefits of a surviving spouse in favor of a former spouse who claims entitlement based on an award of retirement benefits in a divorce decree. We find that a constructive trust is an inappropriate remedy that is contrary to the statutory mandate of the STRS to pay survivor benefits to a qualified surviving...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases