Understanding Spousal Support in Ohio: What You Need to Know Before Filing

When a marriage ends, one of the most common questions is, “Will I need to pay or receive spousal support?” In Ohio, spousal support (formerly known as alimony) is not automatic. Instead, the court carefully evaluates multiple factors outlined in Ohio Revised Code § 3105.18 to determine whether spousal support is appropriate and, if so, how much and for how long.

Key Factors the Court Considers Under Ohio Law (§ 3105.18)

Income of the Parties. The court reviews all sources of income for both spouses, including wages, investments, pensions, and business income.
Relative Earning Abilities. Not just current income, but each spouse’s ability to earn income, including future employment prospects and opportunities.
Ages and Health. Both the physical and emotional condition of each spouse are key considerations, especially if health impacts employability.
Retirement Benefits. The court considers retirement benefits, such as pensions and 401(k)s, that either spouse receives or is entitled to receive.
Duration of the Marriage. Longer marriages often lead to longer spousal support periods, especially where financial dependence exists.
Standard of Living. The lifestyle enjoyed during the marriage may influence spousal support, especially if there’s a notable gap in the financial resources of each spouse post-divorce.
Education of Each Party. If one spouse requires additional education or training to find suitable employment, the court may account for that in determining spousal support.
Assets and Liabilities. Marital property division, as well as each party’s separate assets and liabilities, are taken into account to ensure a fair distribution.
Contributions to the Other’s Education or Career. The court looks at how much one spouse contributed to the other’s education or career advancement, including financial support or personal sacrifices.
Time Needed to Acquire Education or Job Training. If one spouse needs time to obtain education or training to become self-sufficient, spousal support may be granted for that period.
Tax Consequences. The tax impact of any spousal support payments on both parties is considered.
Lost Income Capacity. The court will evaluate any earning capacity lost due to marital responsibilities, like staying home to raise children, as this may warrant support.
Pre-Marital or Post-Separation Living Arrangements. Any income from cohabitation or shared living arrangements after separation but before divorce can be factored into the court’s decision.
Any Other Relevant Factor. Courts are allowed to consider any other factors they find relevant to ensure a just and equitable outcome.

Conclusion: Prepare Yourself for the Road Ahead

Ohio’s spousal support laws are designed to ensure fairness, but the outcome can vary significantly depending on your unique situation. Understanding the factors under Ohio Revised Code § 3105.18 can help you anticipate how support may be calculated in your case.

At Hoffman Law, we specialize in guiding our clients through the complexities of spousal support, ensuring their financial interests are protected. Contact us today for a consultation to discuss your specific situation and how we can help secure your financial future.