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What is spousal support and how is it calculated?

On Behalf of | Jan 5, 2022 | Uncategorized |

All families in the Cincinnati area have different dynamics. Sometimes one spouse works outside the home while the other spouse forgoes their own job opportunities to stay at home and care for the family. This situation may work, at least for a while, as it allows for one spouse to climb the corporate ladder knowing their partner is caring for the family at home.

However, if the couple’s marriage is unsuccessful and divorce is on the horizon, the stay-at-home spouse may be concerned about their financial future. In such situations, the stay-at-home spouse will want to learn more about spousal support laws in Ohio.

What is spousal support?

Spousal support, also referred to as alimony, includes any payments made by one spouse to their former spouse for the support of the former spouse. Spousal support payments are separate from any awards of assets in the property division process. Spousal support payments must be reasonable and are generally temporary. Unless otherwise stated in the divorce decree, spousal support payments cease upon the death of either spouse.

Spousal support factors

Unlike child support, there are no specific formulas for calculating spousal support. When determining how much to award in spousal support the court will consider a variety of factors. For example, the court may consider:

  • Each spouse’s income.
  • Each spouse’s earning abilities.
  • Each spouse’s age and physical and mental health.
  • Each spouse’s retirement benefits.
  • How long the marriage lasted.
  • How long a spouse will be caring for a minor child at home.
  • The standard of living enjoyed while married.
  • Each spouse’s education.
  • The contribution of one spouse to the education or earning ability of the other party.
  • The time it would take for the receiving spouse to obtain the education or experience necessary to obtain appropriate employment.
  • Tax consequences.
  • Lost income resulting from marital responsibilities.
  • Any other relevant factors.

As you can see, spousal support can be complicated to calculate. Ultimately, the end result must be fair to both the receiving spouse and the paying spouse. If spousal support is an issue in your divorce, you will want to make sure you understand all your rights and options so you can make decisions that are in your best interests.