Columbus Spousal Support and Alimony Laws

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.

Modifying a Spousal Support Order Under Ohio Law

Once the court has mandated that one spouse pay spousal support to the other, it can be tricky to make amendments. In this case, it helps if the divorce decree specifically mentions that spousal support payments are revisited on a timely basis. Failing that, there would need to be a major change in either party’s finances to warrant revisiting the arrangement.

How Long do Spousal Support Orders Last?

The court may award spousal support orders for a “reasonable” amount of time. Again, much is left up to the court’s discretion. It’s important to understand that the courts award two different kinds of spousal support. Those are temporary spousal support and permanent spousal support. While technically neither are really permanent, temporary spousal support only lasts till the divorce is finalized. Permanent spousal support will end at a specific time or under specific conditions.

How Can a Spousal Support Attorney in Columbus Help Me in a Spousal Support Dispute?

Divorces can certainly be contentious and the number one reason that most couples fight is over money. Unfortunately, that is unlikely to change after you are separated. For those who believe that they’re entitled to spousal support, you will need to convince the court against your spouse’s protests that you should be awarded that money and why. If you’re on the other side, you want to ensure that your former spouse doesn’t take you for the proverbial ride during spousal support negotiations. In either case, an experienced spousal support attorney can help protect your post-divorce interests.