Divorce Alimony in Ohio
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Factors considered in Divorce Ohio Alimony
The court ponders over the following factors and then decides the amount, nature, terms and duration of alimony.
- Due to the marital responsibilities of either party, has this resulted in decreased income producing ability of this party?
- How would the award of spousal support impact the taxes of both spouses?
- The duration and money essential for the partner requesting alimony to attain education, training or job experience so that this partner may become employed
- The inputs of one spouse to the education, training or earning capacity of the other spouse, inclusive of but not restricted to the inputs of one spouse so that the other spouse may acquire a professional degree
- The relative liabilities and assets of both partners, inclusive of any payments ordered by the court
- The relative education of both spouses
- The standard of living experienced by the spouses in marital life
- Let us assume that one spouse is a custodian of a minor child. Due to this responsibility, is it inappropriate that this spouse should find employment outside the house?
- The duration of marital life
- The benefits of retirement for both spouses
- The emotional state, physical and mental condition as well as ages of both spouses
- The relative earning capacities of both spouses
- The income of the partners from all possible sources, inclusive of but not restricted to the income from any property that is distributed, disbursed or divided as per Section 3105.171 of the Revised Code
- Any other issue that the court thinks is equitable and relevant
Modification of Divorce Ohio Alimony
If the court has issued orders for periodic payments of alimony and in the future the circumstances of either party change, then the payments are subject to further order by the court.
A change in circumstances is defined as a raise or involuntary drop in the medical expenditure, living expenditure, bonuses, salary and/or wages of the spouse.
Let us consider that a continuing order for alimony was entered in a divorce action determined on or after 2nd May 1986 and prior to 1st January 1991. Another case is of a continuing order for spousal support entered on or after 1st January 1991. The court that has entered the above mentioned orders has the jurisdiction to change the amount and terms of maintenance only when the court has concluded that the circumstances of at least one spouse have been altered. The court should also conclude that one of the following is applicable.
- In case of a dissolution of marriage, the separation agreement must comprise of a provision that particularly authorizes the court to alter the terms or amount of alimony. This agreement must have been endorsed by the court and incorporated in the decree, or
- In case of a divorce, the divorce decree or the separation agreement must consists of a provision that specifically authorizes the court to change the duration and amount of alimony
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