If you are going through a divorce or a legal separation in Ohio, you may request spousal support, also known as alimony. This type of payment can help you while you are becoming financially independent or are unable to do so due to reasons such as age or health. If you are interested in petitioning for spousal support, you should bring it up early on with your attorney so they can explain your options and help you determine what you can reasonably request.
If you share minor children with your spouse, you may seek child support if you are the custodial parents. However, spousal and child supports are two separate types of requests and payments.
Is Alimony Automatic in Ohio Divorces and Legal Separations?
Ohio judges do not automatically award spousal support during divorce or legal separation proceedings. While they carefully review your petition for alimony, they may only grant some of your request or none of it.
What Types of Spousal Support Exist in Ohio?
In Ohio, you may receive temporary or permanent spousal support in the form of personal property and/ or financial contributions in the form of a lump-sum disbursement or recurring payments.
Temporary alimony typically lasts for the duration of the divorce or legal separation proceedings, or for any other specific amount of time, generally to help one spouse become financially independent, whether by attending training or gaining employment.
Any alimony awarded beyond the finalization of your divorce or legal separation is considered permanent whether it has an expiration date or not.
When Can Spousal Support Change or End?
The spouse providing alimony may petition for a modification of the court order in specific circumstances where the payments become a burden like in the case of loss of employment or medical concerns interfering with their earning capabilities.
Alimony payments end at the date specified in your court order. If you receive permanent alimony without an end date, the payments only end at the death of either party.
What Criteria Does a Judge Use When Reviewing My Request?
Under Ohio’s Revised Code, a family court judge assesses the following factors when determining whether you can receive any amount of spousal support:
- Each party’s income and other financial resources
- Each spouse’s earning capabilities
- Each party’s age and health
- Each spouse’s retirement benefits
- The duration of the marriage
- The standard of living both parties enjoyed during the marriage
- Whether the custodial parent can seek employment outside the home in addition to their parental responsibilities
A judge may consider additional factors at their discretion if applicable to your specific situation.
Let Crossman & McNamee, LLC Help with Your Alimony Request in Greene County
No matter whether your divorce or legal separation is amicable or high conflict, working with an experienced family law attorney can help you secure the outcome you are looking for. At Crossman & McNamee, LLC, our team is dedicated to protecting your and your family’s rights and future. Our family law attorneys have experience with all types of divorces and legal separations, including military divorces.
When you first consult us, we carefully review your situation and discuss what your needs and goals are. This helps us recommend an appropriate course of action. We can help you negotiate with your spouse outside of the courtroom, but we can also go to trial if necessary.
Do you plan to petition for spousal support as part of your divorce or legal separation in Greene County or its surrounding areas? Contact Crossman & McNamee, LLC today at (937) 468-3796 to schedule a consultation!