Among the many issues that need resolution during a divorce, spousal support, also known as alimony, is a critical aspect that requires careful consideration in Ohio. Spousal support is designed to provide financial assistance to the lower-earning or financially disadvantaged spouse after the dissolution of a marriage.
Spousal support types
Ohio law recognizes various types of spousal support, including temporary, short-term, long-term and permanent support. Temporary support may be granted during the divorce process, while short-term support helps the recipient spouse reestablish themselves after the divorce. Long-term or permanent support is typically reserved for marriages of considerable duration where one spouse significantly out-earns the other, and the receiving spouse requires ongoing financial assistance.
Factors considered
Ohio courts assess several factors when determining spousal support, such as the length of the marriage, the financial resources and earning capacities of both spouses, their respective ages and health conditions and the standard of living during the marriage. Additionally, the court considers the time necessary for the recipient spouse to acquire education or training to become self-sufficient and the contributions made by both spouses to the marriage, financially and the work of homemaking.
Modifiability
Spousal support orders in Ohio may be modifiable or non-modifiable depending on the court’s decision. Modifiable orders allow either spouse to request a modification if there is a substantial change in circumstances, such as a significant change in income, unemployment or health issues. On the other hand, non-modifiable orders cannot be altered under any circumstances and are typically reserved for specific situations.
Tax implications
The paying and receiving spouses must be aware of the tax implications of spousal support. It is also essential to realize that tax laws can change, so keeping up to date with current state legislation can help you account for tax liability.
Navigating the spousal support process
Spousal support ensures a fair and equitable resolution during divorce proceedings. Each case is unique and open communication as well as knowledge of Ohio family law can help you avoid potential pitfalls and unfair alimony orders.