Columbus Ohio Spousal Support Attorney and Columbus Ohio Alimony Attorney article about alimony in Ohio.
Many people ask us – What is the Law in Ohio regarding spousal support (alimony)? How does the Court decide how much to award? This decision is made on a case-by-case basis, and a judge-by-judge (or magistrate-by-magistrate) basis. The Court has broad discretion in determining how much spousal support, if any, is appropriate. A trial court’s decision on this matter cannot be overturned unless an appellate court finds that a trial court’s decision was an abuse of discretion.
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The current trend in Ohio is toward one year of spousal support for every three years of marriage, except for very short term or very long term marriages. What constitutes a short term marriage or a long term marriage is , at this time, entirely up to the judge, but as a general rule, marriages that have lasted fewer than five years are short term and marriages longer than 20 years are long term marriages. Depending on the age of the parties, spousal support in long term marriages may be ordered for life.
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Most courts are more willing to order spousal support during the pendency of the divorce case than after the divorce. If parties settle on an award of zero spousal support, but simply reserve jurisdiction for the Court to modify spousal support later, it is going to be an uphill battle to convince the Court to award spousal support further down the road.
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Spousal support is considered income by the IRS, is taxable to the recipient, and tax deductible by the payor.
For more information, review the guidelines set forth by Ohio Revised Code 3105.18 which governs spousal support.
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There is currently a controversial movement by some domestic relations lawyers to have spousal support guidelines passed in Ohio. Proponents of this legislation say that it will create predictability in spousal support awards. Opponents of the legislation say that it would create entitlement to spousal support, and that spousal support, if it is awarded, should be awarded on a case by case basis only.
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You may also be interested in our “Divorce in Ohio” series by a Columbus Ohio Divorce Lawyer and Columbus Ohio Divorce Attorney about the process and options for ending your marriage in Ohio, and about Ohio divorce laws.
The first several articles in the series can be seen here, but there are many more:
Part 1 (Conciliation or Legal Separation), Part 2 (Dissolution or Uncontested Divorce), Part 3 (Reasons to Choose Divorce), Part 4 (Restraining Orders), Part 5 (Where will you live?), Part 6 (Paper Work), Part 7 (Health Insurance), Part 8 (Attorney Fees), Part 9 (5 Dirty Divorce Tricks)
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In addition to the installments in the Divorce in Ohio Series (see links at top of the page), you may also find the following topics, which relate to divorce, to be helpful.
Adultery, Annulment, Best Interest of the Child, Child Custody, Child Custody Jurisdiction, Child Support (deviation), Child Support (how much), Child Support (how to pay), Child Support (lower), Child Support (myths), Child Support (resources), Child Support (sign up),\Contempt, Dissolution, Divorce Basics, Divorce Myths, Foreclosure Mediation, Grandparents, Guardian ad Litem, House, How Long Your Divorce May Last, International Abduction, Legal Separation, Mediation, Moving, Packet of Forms vs. Getting a Lawyer, Prenuptial Agreements (Antenuptial Agreements), Shared Parenting, Temporary Orders, Temporary Orders Affidavits, Where to File for Divorce
Anonymous says
1 anonymous
My divorce was recently finalized. My ex was ordered to pay spousal support. He had a cohabitation clause put in so I cannot “live” with anyone or I could lose it all. I am disabled and this is my only source of income. I need to know what Ohio law constitutes as “cohabitation”. I need guidelines to follow. Don’t know how he can even get away with this. Thought I had civil rights. Someone please help. I have researched this subject and cannot find any concrete guidelines.
what was the answer to this question? I am having the same issue finding help?
anonymous says
My divorce was recently finalized. My ex was ordered to pay spousal support. He had a cohabitation clause put in so I cannot “live” with anyone or I could lose it all. I am disabled and this is my only source of income. I need to know what Ohio law constitutes as “cohabitation”. I need guidelines to follow. Don’t know how he can even get away with this. Thought I had civil rights. Someone please help. I have researched this subject and cannot find any concrete guidelines.