ASSISTING FAMILIES THROUGH DIFFICULT TRANSITIONS
Determining A Right Level Of Spousal Support
Formerly known as alimony, spousal support is payment to an ex-spouse. A husband or a wife can be ordered to pay spousal support to the other as part of a divorce settlement approved of by the court. Regardless of whether you’re required to pay support or are in need of spousal maintenance, there are a number of issues that must be taken into account in order to protect your interests and rights. To schedule an appointment to discuss your situation, contact divorce attorneys at Mowery Youell & Galeano today.
Determining Spousal Support
There are no fixed calculations or specific guidelines to determine the amount and duration of the spousal support that may be awarded. Often, spousal support is based upon a demonstration of need by the recipient spouse. Ohio Revised Code Section 3105.18(C) directs courts to consider 14 factors in determining whether or not to award spousal support as well. These factors are:
- The income of the parties, from all sources, including, but not limited to, income derived from property divided, disbursed, or distributed by the court in the property distribution
- The relative earning abilities of the parties
- The ages and the physical, mental and emotional conditions of the parties
- The retirement benefits of the parties
- The duration of the marriage
- The extent to which it would be inappropriate for a party, because he/she will be custodian of a minor child of the marriage, to seek employment outside of the home
- The standard of living of the parties established during the marriage
- 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 contributions of each party to the education, training or earning ability of the other party, including, but not limited to, any party’s contribution to the acquisition of a professional degree of the other party
- The time and expense necessary for the spouse who is seeking spousal support to acquire education, training or job experience so that the spouse will be qualified to obtain appropriate employment, provided the education, training or job experience, and employment is, in fact, sought
- The tax consequences for each party of an award of spousal support
- The lost income production capacity of either party that resulted from that party’s marital responsibilities
- Any other factor that the court expressly finds to be relevant and equitable
The Duration Of Spousal Support Can Vary
Sometimes spousal support will be paid for a few years or months during which time the wife/husband has an opportunity to prepare herself/himself for an independent earning life. In other cases, temporary support may be ordered by the court before a divorce is finalized. Each case will be different. Imaginative effort can be put to use to fashion a spousal support plan that meets the needs of the wife/husband and the abilities of the wife/husband to pay it.
Spousal Support Lawyers For Columbus, Ohio
For more information, contact an attorney at our firm. From our office in Dublin, we represent clients throughout the Columbus metro area and central Ohio.