In Ohio, Spousal Support (alimony) is governed by R.C. 3105.18 which outlines a multitude of factors for consideration in the calculation and payment of Spousal Support. Spousal Support payments can greatly affect how a marital property distribution is awarded, even though technically a marital property distribution is governed by a separate statute
If you and your spouse did not enter into a prenuptial agreement, and are unable to reach an agreement on the distribution of property and Spousal Support, the Court will order support from one spouse to the other on a case-by-case basis pursuant to the statute.
The court will examine the following factors in determining the amount and duration of Spousal Support:
- The income of the parties;
- The relative earning capacities of the parties;
- The ages and the health conditions of the parties;
- The retirement, pension, 401k benefits of the parties;
- The length 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 while married;
- 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 earning capacity of the other;
- The time and expense necessary for the spouse who is seeking spousal support to acquire education, training, or job experience;
- The tax ramifications;
- The dissipation of any marital assets; and
- Any other factor that the court expressly finds to be relevant and equitable. (Ohio Code - Sections: 3105.171)
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