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. 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. 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.
It is important to note that pre decree spousal support or alimony is rarely ordered prior to a pre decree hearing on temporary spousal support, usually triggered by a Motion For Spousal Support filed by one spouse early in the divorce proceedings. For example, Hamilton County may order temporary spousal based upon affidavits submitted by both parties at the time of the filing of the Complaint For Divorce and upon the Defendant's submission of affidavits accompanying his/her Answer. In Butler County Ohio, temporary spousal will not be awarded pre decree, unless a Motion For Spousal is filed by one of the parties and until after a hearing on that Motion has occurred.
Please call and schedule a free consultation with a Divorce Attorney today so that we can take the time to look at your specific situation and provide a more thorough outlook on the likelihood of spousal support or alimony being a part of your case.
Section 3105.18 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 3105.171 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.