When married couples separate in Columbus, spousal support or alimony is generally one of the main topics on the table.
Who is entitled to what varies from case to case depending on the circumstances—but understanding your rights and obligations with spousal support can be challenging without seasoned legal guidance. Disputes often result from misinformation, misunderstandings or miscalculations.
The spousal support lawyers at Nielsen Miller Law in Columbus have the necessary skills to help couples work through these issues and find solutions—through collaboration, mediation or, as a last resort, litigation.
What is spousal support in Ohio?
Spousal support is court-ordered financial assistance paid by one spouse to another during pendency of the divorce and/or following a divorce. This type of support does not apply in every case and is not automatic. An eligible party must request spousal support from an Ohio court.
Payments from the higher-earning spouse to the lower-earning spouse are intended to assist with the transition to a self-sufficient, independent life with a similar standard of living to that experienced in the marriage and to prevent financial hardship.
The main regulations concerning alimony are outlined in Section 3105.18 of the Ohio Revised Code.
Types of spousal support
There are two main types of alimony awarded in Ohio:
- Temporary spousal support to cover the period from when a divorce is filed until it is finalized.
- Ongoing spousal support, which is stated in the final divorce decree and continues after the marriage terminates—usually for a limited, set period but sometimes indefinitely.
How do you know if you’re eligible for spousal support?
Unless the matter is already addressed in a prenuptial or postnuptial agreement, spousal support amounts and durations can be negotiated between spouses or a spouse can ask the court to order it. Often, spouses seek legal assistance to do this.
If there is a major discrepancy between two spouse’s earnings, there is a high chance that the lower-earning spouse is eligible for spousal support—all else being equal. However, it’s not as simple as this and many factors are considered in judgments.
How can our Columbus lawyers help you claim spousal support?
If the matter goes to court, a spouse will need to make a case for spousal support. A seasoned Columbus spousal support lawyer can help you determine eligibility and assist with the petition process, gathering the necessary documentation to make a strong case to a judge.
Divorce is stressful enough without unnecessary financial complications. Your lawyer can help you navigate the legal hurdles to attain a fair spousal support arrangement that safeguards your immediate financial future.
How is spousal support calculated in Ohio?
If the matter goes to court, the spousal support determination will be made solely at the discretion of the court. It surprises some people that very few hard and fast rules or formulas exist for spousal support—unlike with child support.
The judge must consider a wide range of factors before deciding, including:
- The duration of the marriage
- The standard of living during the marriage
- The age, physical health, and emotional health of each spouse
- The occupation, income, and earning capacity of each spouse
- The education level and “employability” of each spouse
- The time and expense required for the lower-earning spouse to acquire the necessary education and training to secure employment
- The assets and liabilities of each spouse
- The contribution of each spouse to the education, training, or earning ability of the other spouse
- The tax consequences of the spousal support award
- Any other factors deemed relevant by the court
In Ohio, spousal support is never punitive, i.e., a judge won’t increase the amount of support to punish a spouse because of misconduct during the marriage.
How do I claim spousal support in Ohio?
To claim spousal support in Ohio, first consult with a spousal support lawyer—or with your existing divorce lawyer if you have appointed one.
Once your eligibility for spousal support has been established, your lawyer will walk you through the legal steps, namely:
- File a motion with the court
- Provide financial affidavits and supporting documents
- Attend a hearing with your spouse to present financial information and arguments
The judge will then decide on the amount and duration of support. If this process is started after filing for divorce but before the final divorce decree is released, temporary support will sometimes be awarded. Otherwise, support is usually ordered as part of the final divorce judgment (decree).
How long does spousal support last in Ohio?
There is no set rule for how long spousal support lasts in Ohio. Its duration varies widely from case to case—from a few months to indefinitely.
As a general rule, longer marriages lead to a longer period of spousal support but much depends on the current earnings and employability/earning capacity of the recipient.
How do you modify spousal support?
Like with child custody or child support modifications, a court will only modify spousal support if there is a substantial change in circumstances for either spouse.
The spouse seeking the change will need to petition the court for a modification, presenting valid grounds for requesting it. A substantial change could be the loss of employment or earning capacity or a significant promotion and salary raise for either spouse.
It should be noted that a court-ordered alimony arrangement must be followed until a new court order is issued or the alimony is terminated.
FAQs
Can spousal support end automatically?
In Ohio, spousal support automatically terminates if the receiving spouse remarries. It may also end upon court approval if the spouse begins living with a new romantic partner.
Can spousal support be permanent?
Spousal support can be awarded indefinitely in cases where very long marriages or the lack of employability of a spouse has affected the ability to live self-sufficiently.
Can I request support after my divorce is finalized?
Usually, your divorce lawyer or the judge will prompt you to address spousal support matters before the divorce is finalized and, if eligible, it will be ordered as part of the final divorce decree.
Contact Nielsen Miller Law Today
Contact Nielsen Miller Law today for a 30-minute consultation or call us at 614-505-5555 to discuss your Columbus spousal support case in detail, and to learn how our experience and resources can work for you.
