Spousal Support in Ohio

Divorce lawyers in Cincinnati deal with a wide variety of issues, but one that surfaces frequently is the subject of spousal support, commonly known as alimony.

The courts calculate alimony at different times. Spouses can petition to have alimony re-calculated, given the changing conditions of the relationship and its aftermath. If one spouse remarries, or inherits property, or moves away, it may be cause for the other spouse to ask the court to change the spousal support amount, or the conditions of payment.

The spousal support order issued by the court may vary in its duration, based on the circumstances presented by each spouse.

Every state has its own laws regarding spousal support after a divorce or dissolution. Here in Ohio, there are two types of spousal support recognized under law: permanent spousal support and temporary spousal support.

Temporary Spousal Support

Temporary spousal support occurs while a divorce is in process, or pending. A spouse may be awarded temporary spousal support while the court proceedings are underway, and before the proceedings begin. Such an arrangement does not mean that spousal support will continue once the divorce is finalized.

https://www.divorcenet.com/states/ohio/ohfaq05

As this Q&A page discusses, the court bases temporary spousal support on the monthly amount each spouse earns, and other resources that are available to each spouse. There is not an exact formula the court follows to achieve this calculation. Depending upon what the court awards for temporary spousal support, all of this will be calculated differently in the arrangements for permanent spousal support.

Permanent Spousal Support

This agreement could involve monthly payments or a one-time transfer of assets. In the case, “permanent” does not mean that alimony continues forever. It merely means that it is the judge’s lasting and ultimate decision. One of the parties may, however, request a change to the permanent spousal support order in a separate proceeding afterward, presuming the court specifically retains jurisdiction to modify spousal support.

Some of the other factors that Ohio courts use to determine permanent spousal support:

1. Income, including income from property
2. Earning abilities – which includes the way those abilities may change given child care schedules
3. Age of each spouse
4. Retirement benefits of each party, including pensions, insurance, and retirement accounts
5. Duration of the marriage
6. Ability of both parties to work outside the home, given child care
7. Established standard of living while the spouses were married
8. Education of each party
9. Assets and liabilities of each, including court-ordered payments
10. Each spouse’s contribution to the other’s education or training, including child care that was handled while the other spouse was studying, writing papers, and attending classes
11. Expense necessary for education or training
12. Tax consequences that spousal support would incur
13. Lost income due to sacrifice for the marriage, including lost income while the other spouse was furthering their education or training

When divorce lawyers work on such cases, it is with the understanding that judges determine these orders with considerations specific to each situation. Every spousal support order is ultimately unique.

Unless the parties agreed, the judge will determine which of the parties will pay spousal support, if at all. The judge will also decide the length of the spousal support order.