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How does the court decide amount and duration of spousal support?

On Behalf of | Jun 1, 2022 | Divorce |

Divorce can be complicated in Ohio. Couples will need to think about child custody, child support and property division. In many instances, however, one of the most difficult aspects of the case is spousal support. For example, if a couple has led a relatively affluent lifestyle due to one spouse owning a business while the other stayed at home and dissatisfaction resulted in a desire to divorce, there could be disagreements regarding how much support will be paid and for how long. Knowing how the court will assess these cases is a wise start to try and reach a fair outcome.

Factors that will determine how spousal support is handled in Ohio

The court strives for fairness to both the paying former spouse and the receiving former spouse. Of course, income will be a foundational part of the support determination. That will include any property that might be divided or distributed in the case. Using the example of the business-owning spouse, one side might be able to earn more than the other. If the person who did not own the business and was a stay-at-home spouse or parent, they are unlikely to have the same earning potential. This too is considered.

The court will analyze the condition of the parties, their age and their emotional state. If it is an older person who might not have the physical ability to get back into the workforce, then they might warrant more support for a longer period. Retirement benefits that will be available are important. For a longer marriage, there is a better chance that the support will be paid for an extended period when compared to a shorter-term marriage.

Education and training are vital in a support decision. Perhaps the person who is set to receive support will need time to gain education and training to make a living wage. This will be addressed in the support order both in amount and duration. Based on the law, the court can look at any issue and use it when making its decision.

Experienced and professional help can be key in determining spousal support

It can be troubling to think about the financial ramifications of a divorce. The emotional aspect of ending a marriage is difficult enough, but when the prospect of wondering how to make ends meet after the marriage is over is added to the mix, it is even harder. Every case is different and people will have their own viewpoint as to how to handle the various issues that arise. People should be fully prepared and protected with help from caring professionals who understand the terrain and will look out for their best interests.