Spousal Support: Do I have to pay it?

What is spousal support/alimony?

Are you considering divorce? If so, preparation is essential. The best way to ensure that you proceed most beneficially is to talk to your local Columbus divorce attorney as soon as possible.

Two of the most frequently asked questions during a divorce consultation are, “Am I going to have to pay spousal support?” and “Am I going to receive spousal support?” Understanding spousal support and how it works is one way to ensure you are prepared when considering a divorce or the dissolution of your marriage.

Alimony, or spousal support as it is known in Ohio, is a financial obligation that one spouse may have to pay to the other during and after a divorce. Spousal support is intended, amongst other principles, to ensure that the receiving spouse can maintain financial stability and maintain a lifestyle like what was enjoyed during the marriage. Spousal support is not absolute—meaning it is not guaranteed that the court will find that spousal support is appropriate in your case. However, when awarded, there are two types of spousal support—temporary and permanent. Temporary spousal support can be granted for the duration of the divorce proceedings to maintain the status quo, and then terminate once the divorce is finalized. Additionally, temporary spousal support can be modified while the case is pending. Permanent spousal support is awarded as part of the final divorce decree, but contrary to its name, it is typically not permanent. Most permanent spousal support orders have conditions placed on them, such as a specific duration or remarriage, that will terminate the spousal support obligation and even allow modification if the court reserves the right to modify.

How is spousal support calculated in Ohio?

Unlike child support, there is no specific formula used to calculate spousal support. The court has broad authority to determine spousal support, including the amount, the duration of the payments, and whether the order can be modified. Section 3105.18 of the Ohio Revised Code lists factors the court must use in order to evaluate what an appropriate and reasonable spousal support award is. While some divorce lawyers would argue that some factors are more important than others, no single factor is more important than another. Additionally, no factor alone is determinative—the court must consider all the factors.

The spousal support factors in Ohio include:

  1. Income from all sources including, but not limited to, income from property distributed as part of the divorce, business, or any other source that produces income in any form.
  2. Earning ability of both parties
  3. Age and health of the parties
  4. Retirement benefits
  5. Duration of the marriage
  6. Ability to seek employment outside of the home because a parent is the custodian of a minor child of the marriage
  7. Standard of living the parties established during the marriage
  8. Education of the parties
  9. Assets and Liabilities
  10. Contribution to professional degrees or licenses by either party
  11. Time and expenses required to gain education for employment the receiving spouse
  12. Tax consequences
  13. Lost earning ability due to marital responsibilities
  14. Any other factor the court finds relevant and equitable

Each factor carries a different type of evidence that is needed.

No bright-line rules exist to calculate an appropriate and reasonable spousal support amount. However, some judges and magistrates favor one approach over another—equalizing income versus meeting the receiving spouse’s needs. Additionally, each county, such as Franklin County or Delaware County, might favor a different method than a smaller county.  Spousal support determinations are decided on a case-by-case basis and no case is identical. The variation in courts and application of your circumstances is why speaking to a divorce attorney in your local area, whether that be Dublin, Worthington, or Grandview, is essential.

Important Things to Know

Every dollar earned by either party during the marriage is considered marital funds. That means that both spouses are entitled to 50% of those funds. Any property acquired during the marriage is considered marital property. That means that even if only one spouse is listed on the title, the deed, or the debt, both spouses are entitled or obligated to 50% of that property. All this is to say that your attorney may need to get creative in problem-solving.

Spouses can agree to spousal support awards on their own, and as long as the court deems them fair and equitable, it will honor the spouses’ agreement. Because of this, spouses can be a little more creative when it comes to spousal support. For example, suppose a spouse does not want to pay a monthly spousal support amount. In that case, the spouses can agree that the obligated spouse will transfer a lump sum out of their retirement fund to the receiving spouse, the obligated spouse can give the receiving spouse more proceeds from the sale of the marital home than they receive, or the receiving spouse can keep more of the assets of the spouses while the obligated spouse takes on more of the debt of the spouses.

Can we schedule a consult with you? Let’s make sure you’re prepared!

Navigating a divorce can be a very stressful experience, especially when you don’t understand how the process or the law works. If you are looking for someone who will make sure you are educated on the process, will think outside of the box for creative solutions, and will walk with you through the process, the attorneys of Borshchak Law Group are here to help you. We are a firm of experienced and compassionate Columbus divorce attorneys who are available to assist you in Franklin and Delaware County and the Dublin/Worthington area.

Contact us to schedule a consult, and let’s discuss how we can help you!