Traditionally referred to as maintenance or alimony, spousal support is intended to help one spouse or the other if they have the financial need. This can occur due to being out of the workforce in order to raise children, inequitable earnings between spouses, or other factors. It may be granted to either spouse and is not dependent on gender.
Factors considered by the court
During your divorce or separation, you petition a judge for spousal support with the help of your attorney. The judge will consider certain factors before granting or denying a request for spousal support. In accordance with Ohio Revised Code section 3105.18, there are various components commonly considered by the courts when awarding spousal support:
- Relative earning abilities of each spouse
- How long the parties have been married
- All income sources for both parties including, but not limited to, income from property, or the sale of property, as part of the divorce settlement
- Standard of living achieved and held during the marriage
- How much education each party has
- Relative assets and liabilities including, but not limited to, any payments ordered by the court
- Contributions made by either party to the other for the purpose of earning ability, education, and training
- Whether it is possible or practical for one party or the other to seek employment outside the home in the case of rearing minor children
- How much time and money must be spent for either party to achieve education or training goals required to secure employment
- Tax effects of spousal support on both parties
- Lost earning ability of either party due to responsibilities of the marriage
- Any present or forthcoming retirement benefits for either party
- The age, emotional and mental health, and physical condition of each party
- Anything the court determines to be relevant and fair
Is spousal support permanent?
Temporary support can be established while the divorce is being litigated; permanent support or an ending date to the support is determined when the divorce is final. Ohio courts prefer a specific ending date when awarding spousal support including, but not limited to, the last day of school for the youngest minor child. The ending date may also be a potential event such as employment or remarriage of the party receiving support.
It is important to work with an attorney who is experienced spousal support matters. At the offices of Kvale Antonelli & Raj, our divorce lawyers have negotiated and litigated numerous cases involving spousal support. Call us at 216-861-2222 for a free consultation.
