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A divorce can have a dramatic financial effect on both spouses, but the impact is often more significant on a spouse who earns less than his or her partner. With this in mind, Ohio law permits either party in a divorce proceeding to seek spousal support, also known as alimony or maintenance, from the other party. At Erb Legal LLC, we recognize that spousal support is important and necessary in many situations, and we are equipped to help you create a support arrangement that serves your needs and protect your rights.
In many relationships, one spouse may earn substantially less income than the other. While this is not necessarily a problem during a marriage, a divorce could be devastating for the lower-earning spouse. The purpose of spousal support is to lessen or avoid the negative financial consequences that could affect an economically disadvantaged party in a divorce.
At our law firm, we also represent the interests of those who have been asked to pay spousal support. If your spouse has requested support considerations, you need an attorney who is ready to protect your rights. We will conduct a full review of your financial situation, as well as that of the other party, and build a case to ensure that your support obligations will not create undue hardships for you.
Divorcing spouses have the freedom to develop their own agreement regarding spousal support, and those who can do so can often save a great deal of time and money. Our skilled family law attorneys work with couples throughout Medina County in creating support agreements that provide stability and long-term security to both spouses.
If a negotiated arrangement cannot be reached, Ohio law gives courts the guidance to decide on spousal support questions. Before spousal support can be considered, the property division process must be completed first. Then, the court will determine if spousal support is necessary based on the consideration of a number of factors, including but not limited to:
If spousal support is found to be appropriate, the court will use the same factors to determine the amount and duration of the payments to be ordered. Spousal support may be awarded as a single, lump-sum payment, as an ongoing series of installment payments, or in any other manner deemed to be equitable by the court. While most spousal support payments are in the form of cash, the court could order the transfer of real property or personal property as well.
At Erb Legal LLC, we realize that once a spousal support order has been entered, it is rather difficult to have the order modified. There are situations, however, in which a modification may be necessary. To qualify for a support order modification, as either the paying party or the recipient party, you will need to show that a substantial change in circumstances has made your current order unreasonable and inappropriate and that the change was not considered when the existing order was entered. If you believe that your spousal support arrangement no longer matches your current situation, our attorneys can help you explore your options for seeking a modification.
To discuss your spousal support concerns with a knowledgeable family lawyer, contact our office. Call (330) 446-3606 for a free consultation today. Our firm serves Summit County, Wayne County, and Medina County.