Temporary vs. Final Spousal Support in Ohio: Bridging the Gap or Equalizing Income?

Navigating the complexities of spousal support during a divorce can be challenging. In Ohio, one important distinction to understand is the difference between temporary and final spousal support. Each serves a different purpose in the divorce process, and knowing how they are determined can help you better prepare for what lies ahead.

Temporary Spousal Support: Addressing Immediate Need

Temporary spousal support, as the name suggests, is designed to provide financial assistance to one spouse while the divorce is pending. Under Ohio Revised Code § 3105.18(B), this type of support is based primarily on the need of the requesting spouse, not necessarily income equalization. The court will look at factors such as:

• The requesting spouse’s ability to meet their living expenses

• The other spouse’s ability to pay

• Immediate financial disparities created by the separation

Temporary support ensures that the requesting spouse can maintain a reasonable standard of living during the divorce process, covering basic expenses like rent, utilities, and groceries. It’s typically not meant to balance incomes but to address short-term financial challenges.

Final Spousal Support: A Long-Term Consideration

When it comes to final spousal support, the focus shifts. Ohio Revised Code § 3105.18(C) lays out a broader set of factors the court must consider when determining the amount and duration of spousal support after the divorce is finalized. These factors include:

• The income and earning abilities of both spouses

• The length of the marriage

• The standard of living established during the marriage

• The age, physical, and emotional condition of each party

At this stage, the court is more likely to consider income equalization, particularly in longer marriages where one spouse sacrificed career opportunities to support the household. The goal is to ensure both parties can maintain a similar standard of living to what they had during the marriage.

Key Takeaway: Need vs. Equalization

Temporary spousal support in Ohio is mostly about addressing immediate needs during the divorce process, while final spousal support takes a more comprehensive view, including the possibility of income equalization. Understanding these differences is crucial when planning your financial future during and after divorce.

Have questions about how spousal support might apply in your case? Contact us today for personalized guidance through your divorce journey.