The Laws of Alimony in Ohio
Get this: “alimony” is defined generally as financial support awarded to only one spouse. Why? Because that spouse can’t live on his/her own! Amazing, right?
Child support is one thing. Obviously, in a divorce, income gets slashed in half (sometimes), and the children will lose out on their needs for obvious reasons. That’s the purpose of child support.
But “alimony”? Imagine what it would feel like for the other spouse to have to shell out money for the ex just to actually live within means. Seems unfair.
The truth is, though, that it’s not unfair. Alimony in OH, also known as “spousal support,” is a very real aspect of divorce.
But you don’t see it every divorce out there.
Alimony in Ohio follows a much more different standard than child support. Here’s how:
The Bases for Alimony in OH
Amazingly, though, you don’t simply need to be lacking in income to be awarded alimony. There’s much more to it than that. As stated in the Uniform Marriage and Divorce Act, alimony can be awarded based on these factors:
• Physical Health, Age, Emotional Well-Being, and Income
• Quality of Life
• The Duration of the Marriage (the Longer the Marriage, the Better Chance of Alimony)
• And If the Alimony Payer Can Support Both Himself/Herself and the Payee
This Should Tell Anyone Something About Alimony in Ohio
Every situation is different. Plain and simple. It, of course, is nowhere near as simple as child support; it’s like this: if you don’t live with the kids, you pay child support. There you go! But alimony’s completely different.
To make it even more complex, there are even more factors that could sway a decision to order alimony on one spouse:
• Capacity to Earn Income
• Earning Impediments
• Custody of Children
• Tax Refund Due to the Split
• A “Fault” Divorce
• A Prenuptial Agreement (If We Get Divorced, You Owe Me!)
Is that a lot to consider? Yes, most definitely. Is it fair? Yes, most definitely. Alimony in OH has to be this complex for obvious reasons – not every situation requires alimony! Truthfully, any spouse should be able to survive financially; but there are exceptions. That’s where spousal support comes in.
Earning impediments like disability, preventing anyone from obtaining a job they otherwise wouldn’t need due to being married to someone who has a job? There’s no refuting that; alimony is necessary in that situation.
Again, Though, There’s No Formula Needed for Spousal Support
There are Domestic Relations Court Forms, though, in the state of Ohio; and when all of it is combined, a court makes the decision on not only awarding spousal support, but also how much to award. And sometimes it’s never what the spouses expect. Divorce cases differ all across the board.
Remember that when thinking alimony is deserved: because the bottom line is it depends on the court’s decision. Not the spouses’.