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Am I entitled to Spousal Support?

Formerly known as “alimony,” spousal support is payments to an ex-spouse which can be ordered by the Court or agreed to by the parties as part of a settlement.  ORC 3105.18 sets forth that “spousal support” means any payment or payments to be made to a spouse or former spouse, that is both for sustenance and for support of the spouse or former spouse.  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:

  1. 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 Ohio Revised code;
  2. The relative earning abilities of the parties;
  3. The ages and the physical, mental, and emotional conditions of the parties;
  4. The retirement benefits of the parties;
  5. The duration of the marriage;
  6. 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 of the home;
  7. The standard of living of the parties established during the marriage;
  8. The relative extent of education of the parties;
  9. The relative assets and liabilities of the parties, including but not limited to any court-ordered payments by the parties;
  10. 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;
  11. 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;
  12. The tax consequences, for each party, of an award of spousal support;
  13. The lost income production capacity of either party that resulted from that party’s marital responsibilities;
  14. Any other factor that the court expressly finds to be relevant and equitable.

Attorney Jamie L. Anderson specializes in all matters pertaining to the divorce process, including child and spousal support.  If you have any questions, please feel free to contact Jamie at (937) 879-9542.