By: Mia Carmel West
If you're getting a divorce in Ohio, it's important that you know what ohio laws about divorce say about spousal support or alimony. Whether you're the one paying for alimony or the one receiving it, knowing ohio's alimony laws is an important thing to learn and get familiar with.
What does spousal support mean?
As far as divorce laws in Ohio is concerned, the term "alimony" is no longer being used. Spousal support refers to the allowance of money or the use or possession of property which is not part of the division of marital property. According to ohio spousal support laws, it is the payment/s made which is intended for the support or sustenance of a spouse.
One spouse can ask for spousal support even during legal separation. While spousal support is ordinarily granted to support the wife, Ohio laws may rule that husbands also receive an allowance for nourishment or sustenance whenever it is applicable.
In terms of the amount of support to be paid, the court has discretion about this. Certain considerations must be made regarding the capacity of one party to pay, and the present needs of the person who will receive the allowance. One other consideration is the lifestyle of the parties involved before the breakdown of the marriage or the time of separation. To be more specific, Ohio laws about divorce looks at these factors when determining the nature, amount, and duration of the payments:
1. Income of both parties, including the income from the use of property or of property division as part of the divorce settlement.
2. The relative ability of each party to earn a living. This is especially a consideration for spouses who have stopped working/studying after they got married.
3. Age, health, and emotional condition of both parties.
4. Existence of retirement benefits.
5. The length of time the couple has been married.
6. Standard of living prior to the separation or the breakdown of the marriage.
7. Educational attainment of each party.
8. Other court-ordered payment from each party as well as the assets and liabilities of each party.
9. The help or any contribution given by one party for the other party's education. For example, if one party had to stop studying in order to work and support the studies of the other party.
10. The amount of time needed for job training, to complete one's education, or to get the necessary job experience in order to become gainfully employed.
11. Tax consequence after being granted spousal support.
12. Loss of the capacity to produce income as a result of one party's marital responsibilities.
Support may be permanent or temporary, depending on the discretion of the court. Permanent spousal support may be modified by the court at any time provided there is a motion requesting for modification. Modification of the amount and duration of the support can be done in case there's a change in economic conditions (loss of income, increase in income of the other party, etc.), a change in marital status of the recepient, retirement, and more
Now that you have learned the laws about divorce in Ohio regarding spousal support, it's time to introduce yourself to the other divorce laws governing Ohio such as requirements for divorce, reasons for divorce, and child support and visitation. For more information, click on the Ohio laws about divorce or copy and paste the URL below on your browser: http://www.divorceguide.com/usa/divorce-laws/ohio-divorce-laws.html
Article Source: Laws about Divorce in Ohio - Spousal Support