Ohio Alimony Laws

Statute

Ohio Revised Code: Section 3105.18

Statutory Definition of "Spousal Support"

“Spousal support” means any payment or payments to be made to a spouse or former spouse, or to a third party for the benefit of a spouse or a former spouse, that is both for sustenance and for support of the spouse or former spouse.

Factors Considered When Determining Spousal Support

The court considers the following factors when determining whether alimony (spousal support) is necessary, as well as the amount, terms, and duration of such support:

• Income of both parties;
• Relative earning capabilities of both parties;
• Ages and physical/mental/emotional conditions of both parties;
• Retirement benefits of both parties;
• Duration of the marriage;
• Whether it would be appropriate to expect a party who is the primary caretaker of any minor children to seek outside employment;
• Standard of living established during the marriage;
• Relative education level of both parties;
• Relative assets/liabilities of both parties;
• Contribution of each party to the education, training, or earning ability of the other party;
• Time and expense necessary for the party seeking alimony to acquire education, training, or job experience needed to obtain appopriate employment;
• Tax consequences (for each party) of an award for support;
• Lost income potential of either party resulting from that party's marital responsibilities; and
• Any other factor found by the court to be relevant and equitable.

Modification of a Spousal Support Order

The court may modify an order to pay spousal support only if the following conditions exist:

1. A change in circumstances for either party, such as an involuntary increase or decrease in wages, other income, living or medical expenses; and
2. The divorce decree specifically includes a provision allowing the order to be modified.

Duration of Spousal Support

• The duration of permanent spousal support orders depends on what the court finds reasonable.
• The duration of temporary spousal support orders corresponds with the time it takes to complete the divorce (and ends when the court makes its final divorce decree).