Spousal support in Ohio, and the availability of the same, is based on a variety of different factors that are evaluated by the family law court when a request for spousal support has been made. Because spousal support requests can be contentious during divorce, it is helpful for divorcing couples to be familiar with how spousal support is granted in Ohio.
Spousal support is a payment made by one former spouse to the other. Factors that are considered when a request for spousal support has been made include the incomes of both of the spouses; the earning capacity of both of the spouses; the ages and mental and physical health conditions of each of the spouses; the retirement accounts of both spouses; the assets and liabilities of both spouses; the education levels of both spouses; and the tax consequences of an award of spousal support.
In addition, the family law court is also likely to consider when evaluating a request for spousal support the duration of the marriage; the standard of living enjoyed during the marriage; if it is appropriate for one of the spouses to remain at home to care for minor children; if either spouse contributed to the education, training or earning capacity of the other spouse; lost earning capacity suffered by either spouse because of their marital responsibilities; and the time and expense necessary for the spouse seeking spousal support to acquire the education, training, skills and experience necessary to obtain appropriate employment.
There is a lot to consider when determining spousal support, including the amount and duration of the support that will be awarded, if any is awarded. Because spousal support can be a complex, yet important, issue for both divorcing spouses, it is essential that they are familiar with how it is determined.