Determining Spousal Support in Ohio: What Does the Court Look At?  

Determining Spousal Support in Ohio: What Does the Court Look At?  

Divorce brings big changes, particularly when it comes to finances. For many, spousal support—also known as alimony—is a lifeline, providing the financial stability needed to move forward and rebuild after divorce. But how much support can you expect to receive? 

At Kvale Antonelli & Raj, we’ve been helping people secure the spousal support they need to live independently for years. We’ve seen firsthand how overwhelming this process can be, especially with so much ambiguity around how courts calculate support. While we can’t predict exactly how much spousal support you’ll receive, we can help demystify the process.

In this post, we’ll walk you through the key factors Ohio courts consider when deciding spousal support —because you deserve to feel confident about your future.

Key Factors Ohio Courts Evaluate for Spousal Support

Ohio courts assess spousal support on a case-by-case basis. Rather than applying a standardized formula, the court evaluates several factors outlined in Ohio R.C. 3105.18. Here’s a breakdown of the primary considerations that influence spousal support decisions in Ohio:

1. Each Person’s Income  

Income plays a significant role in these determinations. Courts will review both spouses’ current income and other sources of financial support. The greater the disparity between the two parties’ incomes, the more likely spousal support will be awarded to address the imbalance.  

2. Earning Ability  

Beyond current income, the court evaluates each spouse’s ability to earn in the future. For example, a spouse who stepped away from their career to provide childcare might have a reduced earning capacity compared to the working spouse.  

3. Age and Physical Condition  

The court carefully considers the age and health of both parties. A younger, healthy spouse is more likely to regain financial independence over time, while an older spouse or one with health challenges may require prolonged financial support. 

4. Retirement Benefits  

Retirement assets are assessed since they form a significant financial safety net. A spouse who lacks sufficient retirement benefits might receive additional support to compensate.  

5. Required Training or Education  

If one party needs to pursue additional training, education, or certifications to secure employment, the court factors this into its calculations. The costs and time associated with becoming employable or achieving similar earning potential are also considered.  

6. Extent of Education  

The court examines both spouses’ educational backgrounds. Significant differences in education may affect earning capacity and the need for financial assistance.  

7. Duration of the Marriage  

The length of the marriage is one of the most influential factors. Long-term marriages where one spouse has depended on the other for financial support are more likely to result in higher and longer-lasting spousal support awards.

8. Relative Assets and Liabilities  

The division of marital assets and liabilities plays a role in determining spousal support. A spouse who retains substantial debt post-divorce might require additional financial aid to compensate for this burden.  

9. Standard of Living During the Marriage  

Courts aim to ensure that both parties maintain a lifestyle comparable to that enjoyed during the marriage. Drastic changes to a spouse’s financial situation are a key consideration for support.  

Among these factors, income disparity and length of the marriage weigh most heavily in spousal support decisions.  

How Do Courts Decide How Long Spousal Support Will Last?

The duration of spousal support depends largely on the length of the marriage and the circumstances of both spouses. While each case is unique, a few general principles guide Ohio courts in determining how long support will be provided.  

Short Marriages (Less Than Five Years)

Courts tend to shy away from awarding spousal support for marriages lasting fewer than five years. When it is provided, it’s usually temporary, designed to help a spouse bridge a financial gap.  

The “One-Third Rule”

A common benchmark is the “one-third rule,” which suggests that spousal support should last for about one-third of the marriage’s duration. For example, if the couple was married for 15 years, support might typically last around five years, depending on other circumstances.  

Long-Term or Indefinite Support

For marriages lasting 20 years or more, indefinite spousal support becomes a possibility. This is especially true if one party is unlikely to achieve financial independence due to age, health, or limited earning capacity.  

Can Spousal Support Be Modified?

It’s important to note that spousal support orders aren’t set in stone. Ohio courts retain jurisdiction over spousal support and may modify it if circumstances significantly change.  

Examples of changes that might justify a modification include:

• A substantial increase or decrease in either party’s income.  
• Remarriage or long-term cohabitation by the spouse receiving support.  
• Medical emergencies or unforeseen hardships.  

Additionally, “permanent” does not mean “forever.” Courts recognize that financial situations evolve, so modifications are an option.    

Why Professional Legal Counsel Is Essential

Navigating the complexities of spousal support requires a thorough understanding of Ohio family law. Attempting to handle these discussions without proper guidance can lead to unfavorable outcomes, whether you’re seeking support or negotiating terms with a former spouse.  

Take the Next Step

Understanding the factors that shape spousal support is just the beginning. Divorce is already stressful, and spousal support decisions can complicate this even further. However, working with the experienced Kvale Antonelli & Raj team will give you the guidance and support you need to make confident, informed decisions. Contact us today to start finding a fair and equitable solution for your future.