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.
Every state has its own laws regarding spousal support after a divorce. Here in Ohio, there are two types of alimony 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.
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.
Permanent Spousal Support
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:
- Income, including income from property
- Earning abilities
- Age of each spouse
- Retirement benefits of each party
- Duration of the marriage
- Ability of both parties to work outside the home, given child care
- Established standard of living while the spouses were married
- Education of each party
- Assets and liabilities of each, including court-ordered payments
- Each spouse’s contribution to the other’s education or training
- Expense necessary for education or training
- Tax consequences that spousal support would incur
- Lost income due to sacrifice for the marriage
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.