Bennington v. Bennington

381 N.E.2d 1355 (1978)

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Nature of the Case

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Facts

H and W were married in 1946. In 1963, W suffered a stroke rendering her permanently and totally disabled and causing her left side to become paralyzed. There have been no sexual relations between the parties since that time. H’s reason for moving was that W kept the heat in the house at about 85 to 90 degrees and bolted the door, which took her 15 minutes to unbolt when H returned from work. H continued to help his disabled wife with household chores, pretty much the same as before moving into the travel van. On November 26, 1976, H became thoroughly disenchanted with the entire arrangement and decided to leave home. H went to Arizona without the intent to return. He then returned a month later, regaining his job. After his return, he lived off of the premises in the van for about three months and then obtained an apartment elsewhere. W commenced an action for alimony only, claiming gross neglect of duty and abandonment without just cause. H counterclaimed on grounds of gross neglect of duty, extreme cruelty, and living separate and apart for at least two years without cohabitation. The trial court found that when the husband moved from the house to the van located on the same premises that he was living separate and apart without cohabitation so that the time from 1974 to November 1976 was includable in the two-year period prescribed by R. C. 3105.01(K). W appealed.