Representative Image (AI-generated)
His lawyer testified that he had accumulated $56,328 in attorney fees over approximately two years of litigation, excluding trial fees. The divorce also involved a separate dispute over attorney fees. Stephen argued that his former wife’s actions had increased the cost and duration of the proceedings. She described several issues that required additional legal work, including changes in legal representation, withdrawn settlement agreements and disputes involving the children and property.
In a November 6, 2026, decision , the Ohio Court of Appeals, First District, upheld the husband’s ownership of the property and an order requiring his former wife to pay $20,000 towards his attorney fees. Ellison, case number C-260069, with the judgment available on Justia. The trial court ordered Sherrun to contribute $20,000 towards those expenses.
The court therefore classified the entire Elbrook property as Stephen’s separate property. The ruling came in Ellison v. The court found that the husband had sufficiently traced the rental income, which exceeded the property’s mortgage payments, and that the trial court had properly considered the wife’s conduct during the divorce proceedings when awarding legal fees. The trial court accepted their testimony and found that the rental income exceeded the mortgage payments. It also concluded that no marital money or labour had been used for improvements or maintenance that would create a marital interest in the property. It considered her conduct during the proceedings and found that some of her actions had unnecessarily prolonged the case. Sherrun challenged the award, arguing that the court had relied on statements made during settlement negotiations and had not properly considered Stephen’s own conduct. She also argued that the fee award was punitive. The appeals court rejected these arguments. It explained that Ohio law allows courts to award reasonable attorney fees in divorce cases when doing so is equitable. Judges can consider the parties’ financial circumstances and their behaviour during litigation. The court also clarified that a judge does not have to establish serious misconduct before awarding legal fees. A party’s conduct can be considered when it unnecessarily increases the time and expense of resolving a divorce.