Quick Guide to Spousal Support in Ohio
How is Spousal Support in Ohio Calculated?
There are a number of laws and factors that may affect the total amount of spousal support. Ohio does not have a specific formula, but the state may use a calculation that is adopted from the American Academy of Matrimonial Lawyers (AAML). The state may either choose or not choose to use the AAML’s formula to calculate spousal support in Ohio, and there are a number of laws that will help a judge determine maintenance if the formula is not used.
How does the AAML’s formula work?
If a judge uses the formula after calculating each spouse’s adjusted net income, the formula would work as follows:
Spousal Maintenance = (30% of supporter’s gross income) – (20% of the supported party’s gross income)
The total income of the supported spouse including their gross income and support received cannot exceed 40% of the combined gross income of the parties.
The standard model of the AAML would also calculate how long party must pay spousal support in Ohio. The formula results in the following outcomes:
1) Marriage of 0-3 years X 30%
2) Marriage of 3-10 years X 50%
3) Marriage of 10-20 years X 75%
4) Marriage of 20 years or more may result in permanent support
Ohio Laws for Spousal Support
A judge is not required to use the AAML’s standard model in Ohio, and most often, he or she will not choose to do so. Spousal support in Ohio is determined upon a wide variety of factors, and a judge will reference the following conditions under Section (A)(3)(b) oh Ohio code 3105.171 Awarding Spousal Support-Modification of Spousal Support:
1) What real and person property does each spouse own including retirement benefits?
2) What interest has either spouse acquired in real or personal property?
3) What is the earning capability of each spouse at the time of the divorce?
4) What is the age and physical and mental health of each spouse?
5) What was the duration of the marriage?
6) Can the custodial spouse work outside of the home without affecting a child?
7) What was the standard of living during the marriage?
8) What education does each party have?
9) What assets and liabilities is each party responsible for?
10) What has each spouse contributed to the other spouse’s education, training, or professional degree?
11) What is the proper amount of time a spouse needs to acquire significant education, training, or job experience?
12) When can the supported spouse become completely self-supported?
13) What are the tax consequences brought upon each spouse once the divorce becomes final?
14) Was any potential income lost during the marriage because of either spouse’s responsibilities as a homemaker or parent?
15) Would any other factors influence the amount of spousal support in Ohio?
Again, a judge will most likely decide not to use the AAML’s formula in Ohio. However, you may use this website’s calculation. This website has constructed its formula using both standard formulas and provisions within Ohio Code 3105.171.
Are there any forms I will have to fill in for Spousal Support?
If you are representing yourself, you will have to submit a number of forms. The forms are not necessarily easy to find, and you will often have to travel to your local Clerk’s office in order to obtain and submit the forms. However, you can find examples of the forms on Washington County Public Library’s website. Some of the forms include Motion to Modify Alimony, Request for Service, Affidavit of Income and Expenses, Poverty Affidavit, and Entry.