Spousal support is a crucial issue in many divorce cases in Ohio. The purpose of it is to help ensure both spouses maintain the same or similar standard of living after divorce or dissolution that they enjoyed during the marriage. However, there is no predetermined formula in the law to calculate the amount of spousal support or the length of time it will last. While every couple’s situation is unique, there are a number of factors a court would evaluate to determine a fair amount of money to be paid and how many months or years the payments will continue.
What is Spousal Support?
Spousal support, also referred to as alimony in other states, is payment made by a higher-earning spouse to the lower-earning or financially-dependent spouse during and/or after a divorce or dissolution. It is sometimes intended to help the lower-earning spouse become self-sufficient, sometimes to compensate the lower-earning spouse for sacrificing their career to raise children or fulfill other marital responsibilities, and sometimes to equalize the results of the efforts made by the marital unit during the marriage. In such cases, it could be difficult for the lower-earning spouse to re-enter the workforce without acquiring additional training or skills. An award of spousal support is also common in marriages of long duration when there will be a significant disparity in income and resources following the conclusion of the divorce or dissolution.
There are two types of spousal support in Ohio — temporary and permanent.
Temporary spousal support is paid between the time that the divorce is filed and the finalization of the divorce. These types of orders are meant to maintain the status quo, and can be paid as monthly payments to the recipient or can be made to others to support the recipient (such as paying rent or mortgage where the spouse lives). Fixed expenses to maintain real estate or other assets may be considered by the Court in determining temporary spousal support.
Permanent spousal support continues after the marriage has legally ended, and is determined after the division of property and debts has been determined. However, despite what it is called, permanent spousal support often has a specific end date or will terminate if or when certain conditions are met. Spouses may enter into a settlement agreement that addresses the amount of spousal support and the length of time it will last, or the court can order an amount and term of spousal support if the divorce goes to trial.
How Long Does Spousal Support Last?
Depending on your situation, spousal support can be one of the more complex matters in your divorce. The duration or term of the spousal support depends upon a number of factors and criteria set forth under the spousal support statute.
The factors a court would evaluate to decide the length of spousal support can include the following:
- How long the marriage lasted
- Each spouse’s income and earning ability
- The age and health of each spouse
- The standard of living during the marriage
- The retirement benefits of the parties
- The education of both parties
- Whether it would be inappropriate for the parent of a minor child to seek employment outside the home
- The liabilities and assets of each party
- The contribution of each party to the education or training of the other
- The time and expense necessary for a spouse seeking employment to acquire the necessary education, training, or experience
- The tax consequences of a spousal support award
- The loss of income production of either spouse as a result of their marital responsibilities
- Any other relevant factors
When it comes to the length of time spousal support should last after divorce, every case is different. Spousal support can end on a specific date, or after a number of monthly payments have been made, or it can continue indefinitely.
The length of the marriage is one of the most important factors that the court will consider in determining how long spousal support should last. The longer the marriage, the longer spousal support will usually last. In general, a court in Ohio would not award spousal support for short-term marriages lasting less than three years, but might do so under certain circumstances.
Another important factor the court will consider in determining how long spousal support should last is the age of both spouses at the time of the divorce or dissolution, and the number of years remaining until retirement. While most spousal support awards have a start and end date, indefinite spousal support may be ordered in cases where a marriage was long-lasting, or the spouses are of an advanced age. Spousal support may also be awarded indefinitely in situations where one spouse was a homemaker and it would be difficult to know how long it would take to become self-supporting by means of education and training or whether that is even an option.
When Can Spousal Support Be Terminated or Modified?
In order to be modifiable after a Decree of Divorce or Dissolution is entered, that Decree (or the Separation Agreement adopted within it) must specifically retain jurisdiction to modify the amount or the duration or both. Regardless of the duration of the spousal support in the decree, there are certain conditions under which a court would consider terminating or modifying it, if jurisdiction to do so was retained.
Specifically, spousal support, by law, automatically ends upon the death of either spouse, unless the Decree requires support to be paid after death. A judge might also end spousal support upon the remarriage of the recipient , or in cases where it finds payments are no longer just and modifies the spousal support to $0.00.
A change in circumstance includes:
- Altered economic conditions, which could include an involuntary decrease in the payor’s income, or an increase in either spouse’s income or assets (e.g., salary, living expenses, medical expenses);
- Remarriage of the recipient;
- Death;
- Entering into a relationship in another state that would constitute a valid marriage in Ohio;
- Cohabitation in certain situations;
- Retirement; and
- Other circumstances within the court’s discretion.
If there is a substantial or material financial change in circumstances, the spousal support award is no longer appropriate, and the court didn’t take the change of circumstances into consideration when issuing the award, a modification might be warranted. Circumstances under which a modification might be granted could include retirement, any increase in either spouse’s income, an involuntary decrease in the paying spouse’s income, remarriage, cohabitation in certain situations, and any increase in medical or living expenses.
Contact an Experienced Ohio Spousal Support Attorney
If spousal support is an issue in your divorce, contact Melissa Graham-Hurd and Associates to learn how we can help you achieve the best possible outcome in your case. From our office in Green, we work with clients in Summit and Stark Counties, Ohio. We provide reliable representation and compassionate counsel to clients for a wide array of divorce and family law matters. Schedule a consultation today to learn more.
