Will you receive spousal support as part of your Ohio divorce?

Will you receive spousal support as part of your Ohio divorce?

October 27, 2020

During your marriage, there may have been a disparity between you and your spouse’s incomes. If there was, you will likely have concerns about supporting yourself during and after your divorce. Without your spouse’s earnings, you may be unable to make ends meet. Or, you may find it difficult – if impossible – to maintain the lifestyle you established together. In either case, it is important to understand whether you are eligible for spousal support in Ohio.

How Ohio courts determine spousal support

Spousal support awards are granted on a case-by-case basis in Ohio. Following state guidelines, the court will look at your marital circumstances to determine whether you need it. Your marital circumstances will also impact the value and duration of your award.

The factors the court will consider when ruling on your spousal support award include:

  • The number of years your marriage lasted
  • You and your spouse’s incomes and sources of income
  • You and your spouse’s shared standard of living
  • You and your spouse’s ages and conditions
  • You and your spouse’s educations
  • Your ability to seek employment outside your home given your childcare obligation
  • Whether you need education or training to become self-supporting
  • Whether you or your spouse’s marital responsibilities resulted in a loss of income
  • The tax consequences your spousal support award will have on you and your spouse

Different types of spousal support in Ohio

Two different types of spousal support exist in Ohio – temporary and permanent. If the court orders your spouse to provide you with temporary support, this will help you make ends meet during divorce proceedings. Temporary support will terminate, though, once your divorce finalizes. You will then receive permanent spousal support at the court’s discretion.

Keep in mind that permanent spousal support is not necessarily indefinite. Depending on your needs, it can be short-term or long-term. In either case, unless your divorce decree stipulates otherwise, your spousal support award will terminate once you or your spouse dies.