Ohio Alimony Laws

In Ohio, courts award alimony, or spousal support payments, to one spouse at the end of the divorce process. Either spouse may request alimony. Alimony is not automatic or guaranteed to either spouse.

Alimony payments help the recipient spouse maintain a reasonable standard of living following the divorce while they become self-sufficient. Judges base the amount of alimony on one spouse’s need and the other spouse’s ability to pay.

Any married couple may request alimony during a divorce. However, domestic partners cannot request alimony. Alimony and spousal support are available only for dissolution of marriage.

Note: State laws are subject to change through the passage of new legislation, court rulings (including federal decisions), ballot initiatives, and other means. FindLaw strives to provide the most current information available. You should consult an attorney or conduct your own legal research to verify the state law(s) before making any legal decisions.

Ohio Alimony Laws

Ohio Revised Code Section 3105.18 defines spousal support and the factors Ohio courts use to determine the amount, length, and type of spousal support payments. The party requesting support must demonstrate a need for financial support and the ability of the former spouse to pay such support.

Judges must consider:

• Both spouses’ income and earning ability

• Age and health of both parties

• Duration of the marriage

• Current living expenses

• Each party’s education, employability, and job experience

• Marital responsibilities and contributions to the marital estate, including homemaking and childcare

• Time needed for the recipient spouse to acquire education or training to become self-sufficient

• Child custody of minor children requiring full-time care

• Retirement benefits

• Debts and liabilities assigned to both parties

• Tax consequences to both parties

• Any other factor found by the court to be relevant and equitable.

The spousal support amount is not affected by any child support order. Parents must contribute equally to the child’s care.

Duration of Spousal Support

A temporary spousal support order, sometimes called alimony pendente lite, is a court-ordered payment awarded during divorce proceedings. The temporary order gives the lower-income spouse assistance for immediate needs. This support ends with the issuance of the divorce decree.

A permanent spousal support order may last as long as the judge deems necessary. In many states, the order is one-half the length of the marriage. Ohio law lets the judge set the final date on the period of time for a permanent order.

A permanent order may be periodic and paid out monthly, yearly, or as a single lump-sum payment. The precise nature of the payment depends on the nature of the award.

Modification of a Spousal Support Order

The divorce decree must include a provision for modification to change an award of spousal support. There must be a “substantial change of circumstances” for either party, making the current order unreasonable.

A change of circumstances could include an involuntary and unforeseeable loss of wages, medical expenses, or improved job conditions.

Research the Law

• Official State Codes

• Ohio Revised Code and Constitution

Ohio Alimony Laws: Related Resources

• Ohio Divorce Laws

• Ohio Divorce Forms and Process

• Ohio Marital Property Laws

Get Legal Advice From an Ohio Family Law Attorney

When you’re considering divorce or legal separation, you need to know about spousal support law. Get advice from an experienced Ohio divorce attorney to protect your financial rights.