Factors Considered When Awarding Spousal Support in Ohio
Ohio spousal support laws can be found in the Ohio Revised Code § 3105.18. When one spouse asks the court to force the other spouse to award them spousal support payments, there are a number of factors that the court considers. These factors include:
- The income of both parties including that which is divided in the process of divorce;
- The relative earning capacity of both spouses;
- The age, health, education, and emotional health of both parties;
- The retirement accounts of both parties;
- The length of the marriage;
- Whether custodianship of the children will interfere with one party’s ability to find employment;
- The standard of living of both parties during the marriage;
- The assets and liabilities of each party;
- Contributions made from one party to the other to further the education or career aspirations of the other party;
- Time and expense for the spouse seeking support to acquire an education or training for a career;
- The tax consequences for each party after a disbursement of spousal support;
- The lost income production capacity caused by marital responsibilities;
- Or just about any other factor that the court believes is relevant.
As you can see, there is a lot of room for interpretation there. Since each case is considered on a case-by-case basis, two very similar spouses entering the same courtroom in similar situations can achieve vastly different results depending on the quality of their lawyer, the strength of their case, and the quality of the opposing counsel.
In some situations, spouses that should not rightly be entitled to much of anything may be awarded handsome alimonies while another spouse that needs the money ends up not getting anything. It’s very important that you have a skilled advocate who will make your case to the court.