In many Ohio divorce cases, spouses that separate have different levels of personal assets and income. In these situations, the judge in the case may award the lesser-earning spouse spousal support from the wealthier spouse. Spousal support payments can significantly affect your financial situation in the short and long-term, so it is critical that you have an experienced attorney protecting your rights in an Ohio divorce. To learn more about alimony payments in Ohio, call or contact Kryszak & Associates today to schedule a free consultation of your case.
Types of Spousal Support Payments
Ohio recognizes two types of spousal support payments in a divorce — temporary and permanent. Temporary alimony is awarded to a spouse during the course of the divorce proceedings. This type of alimony is meant to support the lesser-earning spouse while the divorce is ongoing to help pay for daily living expenses and maintain a standard of living. Temporary support is largely based upon the establishment of the lesser-earning spouse’s need and the larger-earning spouse’s ability to pay. Permanent spousal support is awarded to a spouse after the divorce is finalized, which can either be made in a lump sum payment or in monthly installments.
It is important to note that permanent spousal support does not necessarily mean that the alimony payments last forever. A judge can set a term limit on permanent spousal support for a set number of years or the spousal support can be terminated upon a triggering event, like the remarriage of the lesser-earning spouse. In addition, the award of temporary spousal support during a divorce case does not guarantee that permanent spousal support will be awarded afterward.
Factors Considered in Awarding Spousal Support
Ohio law dictates the factors that must be considered when determining whether to award a spouse support. The basic assumption is that both spouses contributed equally to the marital home, regardless of whether the spouses contributed through outside work income or by taking care of the home. Additional factors the court considers includes, but is not limited to, the following:
- Sources of income for both spouses
- Each spouse’s earning ability
- Each spouse’s age and health
- Each spouse’s retirement benefits
- The length of the marriage
- Whether one spouse has primary custody of a minor child and cannot work outside the home
- The standard of living during the marriage
- Each spouse’s education
- The assets and debts of each spouse
- Whether one spouse contributed to the marriage as a homemaker
- The time and expense for one spouse to receive education, training, or job experience to obtain meaningful employment
- How spousal support payments will affect a spouse’s taxes, and more.
It is critical that you speak with a knowledgeable Ohio divorce attorney about your case to determine how these factors might affect a decision to award temporary or permanent spousal support.
Call or Contact Our Office Today
Spousal support payments during and after a marriage can significantly impact both spouses involved in the divorce, so talk to an experienced Ohio divorce attorney today about your case. Call the office or contact us today at Kryszak & Associates to schedule an appointment with one of our expert divorce attorneys to discuss your case now.