Spousal Support

 

What is spousal support?

When may spousal support be ordered?

How is the amount of temporary spousal support determined?

When is permanent spousal support ordered, and how is the amount determined??

How long does spousal support last?

Can permanent spousal support be modified or terminated?

 

What is spousal support?

The term "alimony" is no longer used in Ohio. Instead, Ohio uses the term "spousal support" to refer to an allowance of money for the support of a spouse that is not intended as part of the division of marital property. Spousal support is defined as "the payment or payments to be made to a spouse or former spouse...that is both for sustenance and for support of the spouse or former spouse."

 

When may spousal support be ordered?

Spousal support and/or temporary spousal support may be ordered while a divorce action is pending. At times a spouse may request a spousal support order but not request that the marriage be terminated; sometimes referred to as a "legal separation". An award of spousal support pendente lite, commonly referred to as "temporary spousal support", is discretionary with the court. The court may include in a temporary spousal support expenses for such items as housing, food, medical expenses, transportation expenses and attorney fees.

 

How is the amount of temporary spousal support determined?

There is not a precise formula for determining the amount of temporary spousal support. The court will use its discretion; taking into consideration the ability one spouse to pay and the present needs of the spouse who is to receive the spousal support. The court will take into consideration the standard of living of the couple had immediately prior to the separation of the couple.

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When is permanent spousal support ordered, and how is the amount determined?

When determining whether permanent spousal support should be granted, and the amount and duration of the payments, the trial court must consider these fourteen factors pursuant to ORC §3105.18(C)(1):

 

1) The income of the parties; 2) The relative earning capacities of the parties; 3) The ages and physical, mental and emotional conditions of the parties; 4) The retirement benefits of the parties; 5) The length of the marriage; 6) The desirability for the custodial parent of a minor child or children of the marriage not to seek employment outside the home; 7) The standard of living of the couple had during the marriage; 8) The relative education of the parties; 9) The relative assets and liabilities of the parties; 10) The contribution of each party to the education, training, earning ability and the acquisition of a professional degree of the other party; 11) The time and expense necessary to obtain the education, training, or job experience so that the spouse seeking support will be qualified to secure appropriate employment; 12) The tax consequences of an award of spousal support; 13) The lost earning capacity of the party seeking support that is the result of that party's marital responsibilities; and 14) Any other factor the court finds relevant.

 

How long does spousal support last?

Spousal support may be for a specific length of time (i.e. 24 months, 48 months, etc.), or, in the appropriate case, ordered to continue indefinitely. Spousal support is typically ordered to terminate upon the occurrence of a specified event (i.e. remarriage of the payee-spouse or death of either party).

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Can permanent spousal support be modified or terminated?

If a permanent spousal support order specifically permits the court to modify the spousal support award, then the court may hear any motion requesting a modification of the award. The court can expressly reserve jurisdiction in its order in a contested divorce, or the parties can agree in a separation agreement, that is incorporated into a divorce decree, to make spousal support modifiable. If there is no provision that reserves the jurisdiction of the court to modify the spousal support award, the award in not modifiable.

 

If the court has retained jurisdiction to modify spousal support, it may do so only when the court finds that there has been a material or substantial change in the circumstances of either party. A change in circumstance includes:

  • Changed economic conditions;

  • Remarriage;

  • Death;

  • Entering into a relationship that could constitute a valid marriage;

  • Post-decree cohabitation under certain situations;

  • Retirement; and

  • Other circumstances.

If you are considering a dissolution or uncontested divorce, please call 216.225.9181, Email, or use the contact form to schedule an initial consultation.