Divorce Spousal Support | Alimony

An overview of spousal support determination in divorce cases.

What is spousal support | alimony?

Spousal Support, or alimony, is an award that a Domestic Relations Court orders one spouse to pay to another in a divorce or dissolution matter. The court will decide, or the parties will agree, to the amount of spousal support, the duration of spousal support, and whether or not the court will retain jurisdiction over a spousal support award. If the court retains jurisdiction is a very important detail in every spousal support award, since this determines if the amount and duration of the spousal support award is subject to being modified in the future. 

There are several factors that a court must consider when determining whether or not to award one party spousal support or alimony and in determining the amount, if any, of the spousal support or alimony. We have listed these factors below for your general information as they are stated in Ohio Revised Code Section 3105.18 (C). However, Spousal Support (Alimony) is largely within the trial judge's discretion. The two most important factors are usually duration of marriage and disparity of income.

Section 3105.18 (C) Of The Ohio Revised Code States In Part: 

(1) In determining whether spousal support is appropriate and reasonable, and in determining the nature, amount, and terms of payment, and duration of spousal support, which is payable either in gross or in installments, the court shall consider all of the following factors:

(a) The income of the parties, from all sources, including, but not limited to, income derived from property divided, disbursed, or distributed under section (513) 601-5189 of the Revised Code;

(b) The relative earning abilities of the parties;

(c) The ages and the physical, mental, and emotional conditions of the parties;

(d) The retirement benefits of the parties;

(e) The duration of the marriage;

(f) The extent to which it would be inappropriate for a party, because that party will be custodian of a minor child of the marriage, to seek employment outside the home;

(g) The standard of living of the parties established during the marriage;

(h) The relative extent of education of the parties;

(i) The relative assets and liabilities of the parties, including but not limited to any court-ordered payments by the parties;

(j) 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;

(k) 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;

(l) The tax consequences, for each party, of an award of spousal support;

(m) The lost income production capacity of either party that resulted from that party's marital responsibilities;

(n) Any other factor that the court expressly finds to be relevant and equitable.