In Ohio, the most contested and complex issue to be decided by the court is an award of spousal support from one spouse to another. The reason that this issue is so complex is that there is no statutory formula to calculate spousal support (unlike child support) and the decision is within the sound discretion of the trial court.

In Ohio there are statutory factors that guide the trial court to determine whether spousal support is appropriate. Some of the statutory factors include, the relative earning ability of the parties, the ages and physical, mental and emotional condition of the parties, the retirement benefits of the parties, the duration of the marriage, the extent to which it would be inappropriate for a party, because that party will be custodian of a minor child of the marriage, to seek employment outside the home, the standard of living of the parties established during the marriage, the relative extent of education of the parties, the relative assets and liabilities of the parties including but not limited to any court-ordered payments by the parties, the contribution of each party to the education, training, or earning ability of the other party, including but not limited to, any party’s contribution to the acquisition of a professional degree of the other party, 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 is, in fact sought, the tax consequences, for each party, of an award of alimony, the lost income production capacity of either party that resulted from that party’s marital responsibilities, any other factor the court expressly finds to be relevant and equitable.

To see the entire Ohio Revised Code section dealing with spousal support you can click here.

As outlined above there are general guidelines for the court to use in deciding spousal support, however the best weapon in pursuing or defending against spousal support is an experienced and aggressive attorney who has two decades of experience in litigating the complex issue of spousal support.

Spousal support may be awarded on a temporary or permanent basis depending upon the court’s analysis of the above factors as well as applying those factors to the facts of your specific case.

In Ohio, subsequent to an award of spousal support, that award may be modified based upon a material change in financial circumstances of the parties or terminated when the party receiving the spousal support is cohabiting with a significant other, which involves proving by a preponderance of the evidence amongst other factors, an actual living together for a sustained duration, sharing living expenses and holding themselves out socially as a couple. These termination cases are highly factually intensive and Napolet Law can provide guidance and aggressive representation in pursuing these Motions to Terminate Spousal Support.