Article Summary
Spousal support, or alimony, is a court-ordered payment made to a spouse or former spouse after a divorce, and it can be temporary or permanent. In Ohio, there’s no standard formula. Courts have wide discretion and consider factors like each party’s income, earning ability, age, education, and the length of the marriage. Of those factors, the difference in income and the duration of the marriage carry the most weight. Generally, courts won’t consider spousal support unless the marriage lasted at least five years, and the length of the award is typically about one-third of the marriage’s duration. Support can also be modified down the road if circumstances change significantly. If you have questions about what you might be entitled to, or what you might owe, the experienced team at Kirkland & Sommers can give you a realistic picture of what to expect based on how courts in your area have ruled in similar cases.
How Spousal Support Works in Ohio
Spousal support, commonly referred to as alimony, is a court-ordered payment made by one person to their spouse or former spouse. Spousal support can be temporary, which the court may order while your divorce is pending, or permanent when the divorce is final.
Who qualifies for spousal support in Ohio?
The original purpose behind spousal support is to compensate one spouse for lost wages or loss of wage-earning ability, but spousal support has largely become an issue of equitability. Not too many generations ago, many wives did not work outside the home, especially once children came along. A mother with children to raise and no job would be financially ruined by a divorce if her former spouse wasn’t ordered to continue to pay spousal support to help with her living expenses. Flash forward to the current employment landscape, and now you can find women out-earning their husbands in various industries, and fathers choosing to stay home to raise young children. An award of spousal support protects husbands and fathers, too, since gender roles in a marriage have evolved.
How is spousal support calculated?
Unlike child support, which is uniform across the state, the courts have much more discretion in calculating spousal support. In Ohio, spousal support orders will vary by county. A local divorce attorney who specializes in family law and divorce will be able to give you a general idea about how certain courts in your area tend to rule regarding spousal support.
Ohio courts must consider several factors when calculating spousal support payments. These factors are codified in Ohio R.C. 31508.18, and include, but are not limited to:
- Each person’s income
- Each person’s earning ability
- Each person’s age and physical condition
- Each person’s retirement benefits
- The required training and education one party would need to obtain appropriate employment
- The relative extent of education of the parties
- The duration of the marriage
- Relative assets and liabilities
- Standard of living
Of these factors, the difference in the parties income and the length of marriage are by far the two largest factors upon which spousal support is determined. A five-year marriage might result in a support order that is 20-25% of the difference in income. A marriage of 30 years or more, however, might result in income equalization, or 50% of the difference in the parties’ income.
Things like the standard of living during the marriage can move spousal support up or down but the ultimate amount of spousal support ordered is going to be driven by the difference in incomes and how long the marriage lasted.
How long does spousal support last?
The duration of the marriage is one of the biggest factors the court will consider when determining how long spousal support might last. The length of the marriage can affect both the length and amount of the financial support ordered.
Usually, a court will not consider awarding spousal support unless the marriage has lasted at least five years, and they will not consider awarding indefinite support until 20, 25, or even 30-plus years of marriage. If indefinite support will not be awarded, then the general rule of thumb is for spousal support to be awarded for one-third of the length of the marriage. For example, if a couple had been married for 15 years, the court might order spousal support to be paid for a term of five years. Once the parties have been married 30 years or more, the court will often consider an indefinite spousal support award.
If spousal support is awarded, the court will usually retain jurisdiction over spousal support, meaning it can be modified in the future if appropriate. Reasons for modification often include a significant change in the incomes of the parties or the cohabitation of the person receiving spousal support. If one party dies or the person receiving spousal support remarries, spousal support will terminate.
Temporary vs. Permanent Spousal Support Orders
Reasonable temporary spousal support may be ordered while a divorce is in progress. A divorce might take 12-18 months or longer to be finalized, and during that time, the court will want to ensure that each party is able to survive financially. Your divorce lawyer will file a motion with the court requesting temporary support if it is needed. The amount of money paid in temporary support may or may not be similar to the judge’s final order after the court has had time to consider all of the relevant and required factors.
Permanent spousal support is not forever, although it may be if the marriage was long enough. It simply means that this is the final spousal support order awarded upon the completion of the divorce. And even though it’s called permanent, it can always be modified later if circumstances warrant it.
Questions? Come in for a consultation!
Questions about spousal support are common. Some people are afraid they won’t have enough money to live on if they get divorced. Some people are afraid they are going to lose half of everything they’ve worked for all their lives if they get divorced. Many people question the tax consequences of spousal support. Don’t let fear of the unknown keep you from acting.
There is no magic online spousal support calculator you can go to in Ohio. But our law firm’s only area of practice is divorce and family law, which is the next best thing. With more than 100+ years of combined experience, we know how the courts in the West Chester, Ohio region tend to rule. Based on the length of your marriage, your incomes, education, etc., we can tell you how the courts have ruled in similar cases. No divorce lawyer can tell you the exact amount of spousal support that will be awarded, but we can at least give you a better idea of what to expect.
Get your questions about spousal support or any other divorce-related topic answered by scheduling your consultation today!