Spousal Support

Required Payments paid to or received from your former spouse

I can help you discover if you are entitled to spousal support, modify the support amount long after the divorce, or determine if you are still required to pay support after death.

What would you like to learn about?

Are You Entitled?
Modify Support
Paying Support after Death

Are You Entitled to Financial Support?

Formerly known as “alimony,” spousal support is payments to an ex-spouse.

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.

How the Court Decides What is Appropriate

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 will consider all of the following factors:

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;
The relative earning abilities of the parties;
The ages and the physical, mental, and emotional conditions of the parties;
The retirement benefits of the parties;
The duration of the marriage;
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;
The standard of living of the parties established during the marriage;
The relative extent of education of the parties;
The relative assets and liabilities of the parties, including but not limited to any court-ordered payments by the parties;
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;
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;
The tax consequences, for each party, of an award of spousal support;
The lost income production capacity of either party that resulted from that party’s marital responsibilities;
Any other factor that the court expressly finds to be relevant and equitable.

Can Spousal Support be modified after my divorce?

Expect Changes to Spousal Support If There is a Change to You or Your Spouse's Income.

Often, courts will retain jurisdiction on the issue of spousal support. This means that if circumstances change from the time of the original spousal support award, the amount and/or duration of the support may be modified or changed. This generally happens if and when there has been a significant and unforeseen change in one spouse’s income.

Don't Try to Adjust Your Income to Avoid the Court.

If a judge finds that the paying spouse voluntarily quit his or her employment or voluntarily decreased his or her income, the court may impute income to the paying spouse. This means that the court may calculate and order spousal support based on what the paying spouse could earn, not the artificially decreased amount of income.

Paying Spousal Support (Even After You Die)

Sometimes Continued Support Is Vital to Your Former Spouse.

According to Ohio Revised Code section 3105.18(B), “Any award of spousal support made under this section shall terminate upon the death of either party, unless the order containing the award expressly provides otherwise.”

While this topic may seem to be a common-sense approach, sometimes providing for the care of a spouse following the death of a payor spouse is vital. In situations where the payor spouse is significantly older or ill, you should request that your attorney attempt to provide for spousal support for a reasonable period of time. As the statute clearly sets forth, the spousal support will only continue if your attorney is prescient enough to think the matter through at the time of negotiation.

This Provision Needs to Be Made Clear in Your Agreements.

If your case is proceeding in a dissolution, you should make a clear provision in the separation agreement that takes into account the circumstances, timing and funding method for spousal support upon the death of the payor spouse. In 2002, Ohio enacted R.C. 3121.441 authorizing the court to order spousal support payments in real or personal property or both. The same statute allows a court to allow payment in installments or one lump sum. Using the law to secure your finances, your family and your future is what I do.

There for you through the entire process.

I gives free consultations, guides you through your decisions, and I'm available for continued support after the divorce is over.

When You're Ready To Let Go

Spousal Support

What would you like to learn about?

Are You Entitled?

Modify Support

Paying Support after Death