When can a divorcee receive spousal support?
Spousal support, also known as alimony, is not awarded in all Ohio divorce cases. Rather, the court will consider a list of factors in determining whether a spousal support award is warranted in a particular case. The factors are set forth in Chapter 3105 of the Ohio Revised Code.
The court may consider any factor that it expressly finds relevant to the determination of spousal support. Among the items specifically listed in the statute are the abilities of each spouse to earn income, the ages of the spouses, the parties’ incomes from any source, the length of the marriage, the standard of living enjoyed during the marriage, the assets and liabilities of the parties and their respective mental, emotional and physical conditions.
If one spouse contributed to the training, earning ability or education of the other, the court may take such contribution into account. The court may also consider a loss of capacity to produce income resulting from attendance to marital responsibilities and the likely time and expense required for the spouse seeking alimony to gain the training, education or experience necessary to secure employment. In determining the reasonableness, amount and terms of spousal support, the court will presume that each party contributed equally to marital income during the marriage.
Spousal support may be awarded to either party and may be paid on such terms as the court deems equitable. The court may order temporary support while a divorce case is pending. Interested parties may want to consult a family law attorney for an examination of the facts of a particular case, including the likely application of the spousal support statute. The attorney can assist a divorcing client during negotiations of a comprehensive settlement agreement that could include alimony provisions instead of leaving the determination up to the court.
Source: Ohio Laws and Rules, “3105.18 Awarding spousal support “, September 30, 2014