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Awarding Spousal Support in an Ohio Divorce

Posted on in Divorce

Medina, OH spousal support lawyerWhen getting a divorce, one of the most startling realizations that many couples have is the fact that their standard of living will probably not be the same after they are separated. When you divorce, your income is now essentially split in half, and you have to figure out how you will make ends meet with just your own income. One of the things that is used to account for the possible lack of income is spousal support. Usually, spousal support (also known as alimony) is awarded to a person if their spouse was the primary bread-winner in the marriage. There are a variety of factors that courts use to determine if spousal support is appropriate and how much the payments should be. It is useful for divorcees to understand Ohio’s spousal support laws when they are going through a divorce.

Spousal Support Determinations

One of the first things that Ohio judges will do in a spousal support case is to determine whether or not spousal support is actually needed or warranted. Typically, Ohio judges do not tend to award spousal support to those who were married for less than five years, but it is ultimately up to the individual judge to decide whether or not support is necessary. A multitude of factors are taken into consideration when deciding if support is needed, and if so, the amount and duration of the support payments. These factors include:

  • The income of the parties, including income from property that has already been divided;
  • The earning abilities of the parties;
  • The age and physical, mental, and emotional health of the parties;
  • The retirement benefits of the parties;
  • The duration of the marriage;
  • The possibility of hardship if a spouse were to seek employment out of the home due to a minor child;
  • The standard of living that was established during the marriage;
  • The education of both parties;
  • The assets and liabilities of each party;
  • Any contributions that either party made to the other party for their education, training, or earning ability;
  • The time and expense necessary for the spouse who is seeking support to obtain education, training, or job experience;
  • The tax consequences of spousal support;
  • The loss of income from the parties’ marital responsibilities; and
  • Any other factor that the court deems relevant.

Consult With a Medina County Divorce Lawyer

Spousal support is sometimes necessary for one spouse to maintain their standard of living after a divorce. In the case of couples who only had one income (for example, a couple in which one spouse was a stay-at-home parent), the spouse who took care of the children would suffer if spousal support was not awarded. Because of the importance of spousal support in divorce proceedings, it is crucial that you seek the help of an experienced Wadsworth spousal support lawyer. Erb Legal LLC can help you determine the correct amount of support during your divorce, ensuring that you will have the financial resources you need. Call our office at 330-368-4499 to set up a free consultation.

Sources:

http://codes.ohio.gov/orc/3105

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