Divorce can rock your financial stability. This is especially true if you relied on your spouse’s income during your marriage. If you’re in that situation, then you should take comfort in the fact that Ohio law seeks to provide you with a certain amount of financial stability through spousal support. But recovering the amount that is right for you isn’t as easy as it may seem, so you need to be prepared to make aggressive legal arguments that support your position.
What will the court consider?
Before issuing an order on spousal support, a court will analyze several factors. Amongst them are:
- Each party’s income
- Each party’s earnings capacity
- The emotional, mental, and physical health of each party
- Each spouse’s age
- The length of the marriage
- Which parent will be the custodial parent
- The standard of living that was enjoyed during the marriage
- The contributions and sacrifices that each spouse made during the marriage
- The assets and liabilities possessed by each spouse
As if that’s not enough, the law also has a catch-all provision that allows the court to take into consideration any other facts that it deems relevant.
What does this mean for you?
These factors mean that you need to take a holistic approach to your spousal support claim, ensuring that it’s supported by strong evidence. You’ll want to gather financial records, sure, but you’ll also want to be prepared to present testimony that speaks to your marital standard of living and what you gave up in order to raise and support your family.
Although many of these spousal support disputes are settled through negotiations, you should be careful before signing off on one of these agreements. By discussing the circumstances of your marriage with an attorney, you can gain a clearer sense of what your spousal support claim is worth, which thereby allows you to better determine if a settlement offer is right for you. Therefore, as you prepare to navigate the complexities of your divorce, we encourage you to consider whether working with a skilled legal advocate is in your best interests.