Spousal Support
Spousal Support
Dayton Spousal Support Lawyers
Spousal support, also known as alimony or spousal maintenance in some places, is not actually as common in divorce as movies and television shows lead many people to believe, but it can be included in many divorce agreements.
When it is awarded, determining the amount and length of the award can be complex, and working with an Ohio divorce attorney who has a deep understanding of spousal support law can be critical to achieving a favorable outcome in your case.
How is Spousal Support Determined in Ohio?
Spousal support is a fact-sensitive analysis and is determined on a case-by-case basis. Ohio case law states that spousal support shall be “reasonable and appropriate. To determine if there is an award for spousal support and the award amount, the court will the following into consideration:
- The relative earning abilities of the parties
- The ages and the physical, mental, and emotional conditions of the parties
- The retirement benefits of the parties
- The duration of the marriage
- The extent to which it would be inappropriate for a party, because that party will be the custodian of a minor child of the marriage, to seek employment outside the home
- The standard of living of the parties established during the marriage
- The relative extent of education of the parties
- The relative assets and liabilities of the parties, including but not limited to any court-ordered payments by the parties
- The contribution of each party to the education, training, or earning ability of the other party, including, but not limited to, any party’s contribution to the acquisition of a professional degree of the other party
- The time and expense necessary for the spouse who is seeking spousal support to acquire education, training, or job experience so that the spouse will be qualified to obtain appropriate employment, provided the education, training, or job experience, and employment is, in fact, sought
- The tax consequences, for each party, of an award of spousal support
- The lost income production capacity of either party that resulted from that party’s marital responsibilities
- Any other factor that the court expressly finds to be relevant and equitable
Can Spousal Support Agreements be Modified?
If spousal support is awarded it can be left up to the continuing jurisdiction of the Court. The court can modify and/or terminate spousal support if the receiving party “cohabitates” with another, death of the paying party, or other related facts which would warrant a modification.
The allocation of spousal support or alimony payments can have a big impact on your future, and your ability to move on successfully after a divorce. Whether you are expecting to receive or pay support, it is important to consult with a reliable Ohio divorce attorney who can evaluate the specific circumstances of your case, assist you in reporting and uncovering assets, and help you determine how to proceed.
Trusted Representation for Spousal Support Issues
If you’re facing a divorce with support or complex property division issues, contact The VanNoy Firm today to learn how our compassionate family law attorneys may be able to help.
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