Alimony/Spousal Support
|
Have you spent years maintaining a household and raising your children, only to be told that your work isn't "work"? Did you give up a career to help support your growing family and now you're wondering what to do now that you're on your own?
Divorce law in Ohio calls for an equitable division of the household income. We can help you receive the support you need to see you through reentering the work force after your divorce. |
Spousal support basics
Under Ohio law, spousal support is the payments made from one spouse to the other spouse during and/or after the divorce proceedings. Alimony is a term used in other states. Either spouse can be ordered to pay support to the other spouse. This is based on income and resources, not gender.
Courts will order spousal support either when temporary spousal support is requested, or if spousal support is a part of the final order.
How do courts determine the amount of spousal support?
For temporary spousal support, there is no codified formula. The court uses its discretion and takes into account each spouse’s earning capacity and other resources while the divorce is proceeding.
For permanent spousal support, Ohio law has fourteen factors that the court will consider when a spouse is seeking spousal support. They include:
How long does spousal support last?
Permanent spousal support does not always mean permanent. Support can end on a specific date, can continue indefinitely, or can end if the receiving spouse triggers a specific condition, such as remarrying. Courts tend to prefer that there be a specific end date, but if indefinite support is warranted, the judge can order it.
Can spousal support be modified or ended?
Yes. The court can include in the initial order that the court retains jurisdiction to hear any motion requesting a modification of the existing award. The spouses can also agree to make the order modifiable. Often, the trigger for a modification is a change in circumstances that could not have been reasonably anticipated at the time the original decree was made.
Under Ohio law, spousal support is the payments made from one spouse to the other spouse during and/or after the divorce proceedings. Alimony is a term used in other states. Either spouse can be ordered to pay support to the other spouse. This is based on income and resources, not gender.
Courts will order spousal support either when temporary spousal support is requested, or if spousal support is a part of the final order.
How do courts determine the amount of spousal support?
For temporary spousal support, there is no codified formula. The court uses its discretion and takes into account each spouse’s earning capacity and other resources while the divorce is proceeding.
For permanent spousal support, Ohio law has fourteen factors that the court will consider when a spouse is seeking spousal support. They include:
- Income of the spouses;
- The earning abilities of the spouses;
- The ages, and the physical, mental, and emotional condition of the spouses;
- Any retirement benefits;
- The duration of the marriage;
- If it is inappropriate for a party to seek employment outside the home;
- The standard of living established by the spouses during the marriage;
- The education of the spouses;
- The assets and liabilities of the spouses;
- Any contribution of each spouse to the education, training, or earning ability of the other spouse
- Time and expense for the spouse who is seeking spousal support to acquire education, training, or job experience so that the spouse will be qualified to obtain employment
- Any tax consequences;
- Any lost income earning capacity of either party that resulted from that party’s marital responsibilities;
- Any other fact that the court expressly finds to be relevant and equitable.
How long does spousal support last?
Permanent spousal support does not always mean permanent. Support can end on a specific date, can continue indefinitely, or can end if the receiving spouse triggers a specific condition, such as remarrying. Courts tend to prefer that there be a specific end date, but if indefinite support is warranted, the judge can order it.
Can spousal support be modified or ended?
Yes. The court can include in the initial order that the court retains jurisdiction to hear any motion requesting a modification of the existing award. The spouses can also agree to make the order modifiable. Often, the trigger for a modification is a change in circumstances that could not have been reasonably anticipated at the time the original decree was made.
