Columbus, OH Spousal Support Lawyers
Spousal Support Lawyer in Columbus
Spousal support (alimony) helps the lower-earning spouse maintain financial stability after divorce. Whether you’re seeking or contesting support, our attorneys protect your interests.
What Is Spousal Support?
Spousal support is an arrangement where one former spouse pays money to the other. In Ohio, the obligation to pay lies with the party that earns a higher income. This applies regardless of gender: both men and women may be required to pay or eligible to receive spousal support.
The purpose is to help the receiving spouse maintain a reasonable standard of living similar to what they enjoyed during the marriage. Under Ohio law, spousal support payments are not automatic. The court considers multiple factors before making a determination.
Who Qualifies for Spousal Support?
Spousal support compensates either divorcing spouse for loss of wages or reduced earning ability. In today’s employment landscape, more women work and some out-earn their husbands. Some men choose to stay home and raise children.
For this reason, spousal support is no longer gender-specific. The former spouse who makes spousal support payments is typically the higher earner, regardless of whether they are the husband or wife. Each case is evaluated on its individual circumstances.
Securing Your Financial Future
The financial implications of divorce can be overwhelming. Whether you’re the higher or lower earner, having experienced legal counsel helps pursue a spousal support arrangement that is fair, sustainable, and reflective of your circumstances.
Factors the Court Considers
Ohio courts evaluate several factors under Ohio R.C. 3105.18 when determining spousal support. Tap each factor to learn more.
Income of the Parties
The court examines each party’s income from all sources, including income derived from property divided, disbursed, or distributed under the divorce. This provides a comprehensive picture of the financial resources available to each spouse after the marriage ends.
Relative Earning Abilities
The court assesses each spouse’s capacity to earn income. This includes employment history, job skills, marketability, and potential for future earnings growth. If one spouse sacrificed career opportunities to support the household, that history is weighed carefully.
Ages and Physical, Mental, and Emotional Conditions
The age, physical health, mental health, and emotional condition of both spouses play a role. Health issues that limit earning capacity can increase the likelihood of a spousal support award. Chronic conditions or disabilities are evaluated for their impact on employability and overall needs.
Retirement Benefits
The court considers each party’s retirement benefits, including pensions, 401(k) accounts, IRAs, and other retirement savings. These benefits represent a significant financial resource and factor into the overall support determination separately from other assets.
Duration of the Marriage
The length of the marriage is a key factor. Longer marriages may result in more substantial and longer-lasting support awards. Shorter marriages may result in limited or no support, depending on the circumstances. There is no fixed formula, and each case is evaluated individually.
Custodial Parent Considerations
The court considers the extent to which it would be inappropriate for a party to seek employment outside the home because that party will be custodian of a minor child of the marriage. A parent who needs to remain home to care for young children may have a stronger case for support.
Standard of Living During the Marriage
Relative Extent of Education
Relative Assets and Liabilities
Contribution to Other Party's Education or Earning Ability
The court considers the contribution of each party to the education, training, or earning ability of the other party, including any party’s contribution to the acquisition of a professional degree of the other party. A spouse who worked to put the other through school may be entitled to support that reflects that investment.
Time and Expense for Education or Training
The court evaluates 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.
Tax Consequences
Lost Income Production Capacity
The court considers the lost income production capacity of either party that resulted from that party’s marital responsibilities. A spouse who left the workforce, reduced hours, or passed on career advancement to manage the home or raise children may have diminished earning power as a result.
Any Other Relevant Factor
Under Ohio R.C. 3105.18 courts weigh fourteen statutory factors when determining spousal support, including length of marriage, income disparity, and each party's earning capacity.
Types of Spousal Support in Ohio
Temporary Spousal Support
Payments made before and during divorce proceedings. One spouse may be ordered to pay while the case is pending. This does not guarantee continued support after the divorce is finalized.
Permanent Spousal Support
Can Spousal Support Be Modified?
Whether spousal support can be modified depends on the original court order. If the order’s terms allow future modification, the court will evaluate current circumstances to determine if a change is warranted. Modification of spousal support is addressed under Ohio Revised Code Section 3105.18(E).
Common reasons for modification include a significant change in either party’s income or the receiving party’s cohabitation with a new partner. If the receiving spouse or either spouse dies, payments stop automatically.
How Spousal Support Is Paid in Ohio
In Ohio, spousal support is typically paid through a wage withholding order, similar to how child support is collected. Payments are processed through the Ohio Child Support Payment Central (CSPC), which acts as a clearinghouse - the paying spouse's employer withholds the amount from their paycheck and forwards it to CSPC, which then disburses it to the receiving spouse. This creates an official payment record for both parties.
Spousal Support and Taxes
For spousal support orders issued after January 1, 2019, alimony is no longer deductible from the paying party’s income and is not considered taxable income to the receiving party. Orders issued before this date follow the previous tax rules.
The IRS Definition of Spousal Support Excludes:
- Child support payments
- Non-cash property settlements
- Payments to maintain the payor's property
- Voluntary payments not mandated by the separation agreement
Don't Face Divorce Alone
The divorce process can be overwhelming, especially when financial matters come into play. A spousal support attorney at Borshchak Law Group in Columbus can help you navigate the complexities of alimony law.
We understand the financial implications of divorce and are committed to providing knowledgeable, dedicated legal counsel as you navigate the financial aspects of your divorce. Contact us to discuss your case with one of our attorneys.
Is spousal support automatic in an Ohio divorce?
Test Your Knowledge
Common Questions About Spousal Support in Ohio
Answers to the questions we hear most often.
How is spousal support calculated in Ohio?
How long does spousal support last?
Can spousal support be modified?
Is spousal support taxable?
What happens to spousal support if the recipient remarries?
Protect Your Financial Future
Spousal support can have a lasting impact on your finances. Call us for a free consultation to understand your rights and options.