If you're getting a divorce in Ohio, it's important
that you know what ohio laws about divorce say about spousal support or
alimony. Whether you're the one paying for alimony or the one receiving
it, knowing ohio's alimony laws is an important thing to learn and get
familiar with.
What does spousal support mean?As far as divorce
laws in Ohio is concerned, the term "alimony" is no longer being used.
Spousal support refers to the allowance of money or the use or possession
of property which is not part of the division of marital property.
According to ohio spousal support laws, it is the payment/s made which is
intended for the support or sustenance of a spouse.
One spouse can ask for spousal support even during legal separation.
While spousal support is ordinarily granted to support the wife, Ohio
laws may rule that husbands also receive an allowance for nourishment or
sustenance whenever it is applicable.
In terms of the amount of support to be paid, the court has discretion
about this. Certain considerations must be made regarding the capacity of
one party to pay, and the present needs of the person who will receive
the allowance. One other consideration is the lifestyle of the parties
involved before the breakdown of the marriage or the time of separation.
To be more specific, Ohio laws about divorce looks at these factors when
determining the nature, amount, and duration of the payments:
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1. Income of both parties, including the income from the use of
property or of property division as part of the divorce settlement.2.
The relative ability of each party to earn a living. This is especially a
consideration for spouses who have stopped working/studying after they
got married.3. Age, health, and emotional condition of both
parties.4. Existence of retirement benefits.5. The length of time
the couple has been married.6. Standard of living prior to the
separation or the breakdown of the marriage.7. Educational attainment
of each party.8. Other court-ordered payment from each party as well
as the assets and liabilities of each party.9. The help or any
contribution given by one party for the other party's education. For
example, if one party had to stop studying in order to work and support
the studies of the other party.10. The amount of time needed for job
training, to complete one's education, or to get the necessary job
experience in order to become gainfully employed.11. Tax consequence
after being granted spousal support.12. Loss of the capacity to
produce income as a result of one party's marital responsibilities.
Support may be permanent or temporary, depending on the discretion of
the court. Permanent spousal support may be modified by the court at any
time provided there is a motion requesting for modification. Modification
of the amount and duration of the support can be done in case there's a
change in economic conditions (loss of income, increase in income of the
other party, etc.), a change in marital status of the recepient,
retirement, and more.