Select Page

How Does the Court Determine Spousal Support?

Spousal support in Ohio is equivalent to alimony in other states. It is a term that indicates payments from one partner to another during or after the separation. Spousal support is not based on gender. Either of the two partners can be asked to pay support to the other, depending on their income and resources.

To determine whether spousal support is needed, the court takes into account several factors, including the age and health of both spouses, the financial status and stability of each, and the duration of the marriage.

In some cases, temporary spousal support is ordered right after the filing of the divorce. However, this ends with the final divorce ruling. Additional or permanent spousal support, on the other hand, may begin after the divorce has been finalized. This may be long-term or short-term.

If you are looking for the right spousal support, you can seek professional help with your divorce case in Columbus. A good divorce attorney will help you secure the support you deserve.

How Does the Court Determine Spousal Support?

To determine and calculate spousal support, a court judge considers the following factors:

  • The income of both the spouses from all sources, including the property assets awarded as part of the divorce proceedings
  • The earning capacities of the spouses
  • The age, physical and mental health of the spouses
  • The duration of the marriage
  • The retirement benefits of the spouses
  • The standard of living of the spouses established during the phase of marriage
  • The education level of the spouses
  • The assets and liabilities of the spouses, including the court-ordered disbursements by the parties
  • The legal custodian of the child/ children and the extent to which it would be unsuitable for him to seek a job opportunity outside the home
  • The time and expense required for the spouse who is asking for support to get the necessary education, training, or employment to support oneself
  • The tax consequences of an asset given as a part of spousal support
  • The lost income that resulted from the spouse’s marital duties and responsibilities

Apart from these, the court may also consider other factors that may seem relevant and just. In case the court orders for permanent spousal support, the amount of the same will be decided based on the income and earning capacity of both parties. By getting the right help for divorce case in Columbus, you can legally prove your entitlement to permanent spousal support.

How Long Does the Spousal Support Last?

Permanent spousal support may end on a pre-specified date or continue for an indefinite period. It may also end upon the incidence of a specified event such as retirement, remarriage of the recipient, death of either party, etc.

Mostly, all courts in Ohio prefer to include a date on which the support will end. Also, spousal support is often subject to modifications. In case of any altered economic conditions, for instance, an increase in the recipient’s income or an involuntary decrease in the payor’s income, the judge can review the order.

 

Leave a reply

Your email address will not be published. Required fields are marked *

fifteen + = 20