Spousal Support in Ohio

Just as the Court must consider specific factors in determining whether a deviation in child support is appropriate, the court must also consider specific factors in allocating an award of spousal support.

The factors which the court must consider in awarding spousal support are as follows:

1. The income of the parties;

2. The relative earning abilities of the parties;

3. Ages and physical, mental and emotional health;

4. The retirement benefits of the parties;

5. The duration of the marriage;

6. Appropriateness of employment outside of the home;

7. The standard of living during the marriage;

8. The relative extent of education of each party;

9. The relative assets and liabilities of the parties;

10. Contributions to training and education of the spouse;

11. Time and expense of spouse seeking support to obtain education, training, or job experience;

12. Tax consequences of the distribution; and

13. Any other factor deemed relevant by the court.

Generally, the court will award spousal support for a definite period of time if it is warranted by the foregoing factors. However, the court does have discretion to award a permanent spousal support award. The trial court is given a great deal of discretion in any award of spousal support, and there is no set formula for determining in appropriate award. As a result, many judges differ in their approach to awarding spousal support and, if your case is likely to involve a spousal support issue, you should undoubtedly seek counsel from an attorney who is familiar with the court system in the county in which your case is filed.