Ensuring A Fair And Favorable Agreement Is Reached

Ensuring a Fair & Favorable Agreement Is Reached

Before delving into the specifics of spousal support, it's important to understand how spousal support differs from other aspects of routine divorce proceedings. Spousal support is not considered a part of marital property and therefore it is not divided or distributed the same way.

The general idea behind spousal support is one where the courts recognize spouses' financial obligations to another within their marriage. When the marriage ends, these obligations do not always absolve, and that's when spousal support is enacted. King, Koligian & Associates, LLC is here to answer your questions and provide insightful counsel. Our spousal support lawyers have years of experience and are ready to help you!

Call 513-924-4014 to set up a consultation with our divorce firm. We serve Cincinnati, Montgomery, and beyond.

How Is Spousal Support Determined in Ohio?

Unlike other states, Ohio does not use the term alimony when discussing spousal support. However, much of the information available on alimony compares to Ohio's version of spousal support. In determining spousal support, the courts rely upon a state statute outlining several factors that influence support paid or received. While these guidelines help determine support, each court handles the determination differently. It is generally driven by facts specific to the situation.

  • The factors derived from section 3105.18 of the Revised Code, is used to determine spousal support and include the following:
  • Income - includes income from all sources
  • Earning ability of each spouse
  • Age of both spouses
  • Physical, mental, and emotional well-being
  • Any retirement benefits
  • Duration of marriage
  • Custodial parent's ability to get employment outside of the house
  • The standard of living enjoyed during marriage
  • Relative extent of education
  • Relative assets and liabilities
  • How much was contributed to current career advancement of other spouse
  • How much it would cost for the spouse needing support to get training to obtain a job
  • Any tax consequences involved
  • Other relevant factors identified by the court

Each factor mentioned above impacts the likelihood of spousal support being ordered. Spousal support is determined predominantly by the length of marriage and the income and resources of each spouse. For instance, if both spouses make comparable incomes and haven't been married for very long, it is unlikely that spousal support will be ordered. Alternately, if one spouse is heavily financially dependent upon the other and they have had a relatively long marriage, spousal support is likely to be ordered.

What to Keep in Mind in Spousal Support Cases

  • While the specifics of spousal support are determined on a case-by-case basis, there are a few common inquiries surrounding these cases:
  • Is one of the spouses guaranteed spousal support in divorce? Absolutely not. Again the likelihood of spousal support being ordered is considered as a result of the evaluation of the previously mentioned factors. It is possible that the court will decide not to pursue spousal support in favor of either party.
  • How much will my spouse or I receive? In Ohio, there are no guidelines that determine the amount of spousal support that is given to the other spouse. It is up to the court to decide an appropriate and reasonable amount.
  • How long does spousal support last? Spousal support can be mandated to last until a specific date or indefinitely until or unless a situation arises that invalidates it. For example, spousal support may be voided if the receiving spouse remarries. In general, the length of time spousal support lasts is at the discretion of the court.
  • What are the acceptable uses of spousal support? Spousal support is intended and can appropriately be used for necessary expenses like housing, transportation, food, and medical costs.
  • What form is spousal support paid? Spousal support is commonly paid on a monthly basis, however, it can be required to be paid as one lump sum or distributed as property. In addition, spousal support is commonly deducted from the paychecks of the paying spouse. In some instances, the spouse can pay the other without going through the court each month or installment of the spousal support.

Get Trusted Counsel Through This Time Today

Talking to a knowledgeable Cincinnati spousal support attorney is the best way to gain full understanding of the important factors at stake. Whether you are seeking spousal support or will be providing support, a lawyer can help you apply these factors to your situation. Spousal support cases are complicated, which is why you should always have a family lawyer by your side during this time.

If you are facing complicated spousal support ruling, contact King, Koligian & Associates, LLC at 513-924-4014 to discuss your case. We have the experience and insight to help!