How is Spousal Support determined in Ohio, anyway?

Spousal support, or alimony, is often the most frustrating issue for clients.  While child support is determined in Ohio by going to a chart or computer program, spousal support is based on many different factors.  By the way, the child support calculation seems easy by going to the chart, but then there is the opportunity to have deviations (up or down) so that it better fits your situation.  However, more on that in another post!

So what are these factors.  They are found in 3105.18, which can be found at http://codes.ohio.gov/orc/3105.18.  I will list them in here:

(a) The income of the parties, from all sources, including, but not limited to, income derived from property divided, disbursed, or distributed under section 3105.171 of the Revised Code;

(b) The relative earning abilities of the parties;

(c) The ages and the physical, mental, and emotional conditions of the parties;

(d) The retirement benefits of the parties;

(e) The duration of the marriage;

(f) The extent to which it would be inappropriate for a party, because that party will be custodian of a minor child of the marriage, to seek employment outside the home;

(g) The standard of living of the parties established during the marriage;

(h) The relative extent of education of the parties;

(i) The relative assets and liabilities of the parties, including but not limited to any court-ordered payments by the parties;

(j) The contribution of each party to the education, training, or earning ability of the other party, including, but not limited to, any party’s contribution to the acquisition of a professional degree of the other party;

(k) The time and expense necessary for the spouse who is seeking spousal support to acquire education, training, or job experience so that the spouse will be qualified to obtain appropriate employment, provided the education, training, or job experience, and employment is, in fact, sought;

(l) The tax consequences, for each party, of an award of spousal support;

(m) The lost income production capacity of either party that resulted from that party’s marital responsibilities;

(n) Any other factor that the court expressly finds to be relevant and equitable.

As you can see, with the catchall at the end, almost anything can be a factor in determining spousal support.  In addition, some courts have rules of thumb although not official rules governing the amount and the duration.  Many people worry about the amount, but there is also a need to consider the duration and whether the support itself will be modifiable at a future time.  For that reason, it is probably necessary to consult with an attorney regarding your particular circumstances.

In addition, it should be noted that in Ohio there are attempts to set up a formula similar to the child support formula.  Whether the result of that is fair or workable will need to be determined later.  However at this time, these are the factors so when consulting with an attorney, keep these factors in mind so that you can share whatever relevant information you might have to make sure that your voice is clearly heard in the divorce process.

If you are interested in consulting with me, please feel free to call me a 614-564-6500.  The initial consultation is free!