Divorce or separation can have a substantial impact on both personal and financial affairs. Throughout the duration of the marriage, you and your spouse have combined resources and worked together to create a dynamic that worked for your family. However, as this chapter of life comes to an end, it becomes necessary to reorganize your shared finances and determine how you will proceed without the assistance of your spouse.
In some cases, spousal support becomes a necessary part of this reorganization. At Zukowsky Law, our team of knowledgeable Ohio spousal support attorneys work tirelessly to uphold your interests during spousal support negotiations.
Spousal support – oftentimes referred to as alimony – is the financial assistance provided to a spouse following the termination of a marriage. This financial assistance is given in the form of payments (or a single payment) and is designed to sustain or support a spouse so that they can financially recover after the divorce. It should be noted that spousal support does not include any payments that are given as a result of the distribution of property. Spousal support is entirely independent of the division of property and assets following a divorce.
There is no specific formula that is used to determine spousal support in Ohio. Moreover, this type of support is not gender-specific, meaning gender is not taken into account when determining spousal support in the state. According to Section 3105.18(c)(1) of the Ohio Revised Code, the court will consider the following factors when determining spousal support:
While all these factors play a role in the judge’s determination of spousal support, it should be noted that none of these factors are weighted. This means that the court may look at all factors equally and holistically when making a spousal support order. Due to this broad discretion, it can be beneficial to seek assistance from an experienced Ohio spousal support attorney at Zukowsky Law to review your case and negotiate an order that most effectively optimizes your financial wellbeing following your divorce.
In Ohio, spousal support can be either temporary or permanent. Temporary spousal support is generally used in cases where there is a clear discrepancy between the incomes of both spouses or when one spouse was primarily responsible for household expenses during the marriage. For example, if one spouse is unable to be financially independent during the divorce proceeding, temporary spousal support may be ordered until the judge specifies a new support order or the divorce ends the support.
Permanent spousal support, on the other hand, is offered to a spouse for a set amount of time following the divorce. This type of alimony can be either short term or long term, depending on the unique circumstances of the case. Permanent spousal support is typically reserved for situations where one spouse is unable to be financially self-supporting. For example, if one spouse has been the primary caregiver to a special needs child, and that child will continue to need assistance for the rest of their life, permanent spousal support may be appropriate.
According to Section 3105.18(f)(1) of the Ohio Revised Code, in order for an existing spousal support order to be modified, there must be a change in circumstances that is substantial enough to make the existing award no longer reasonable. Some examples of substantial changes in circumstances may include involuntary reduction of income, increased living expenses, or illness.
The change in circumstances must not have been accounted for in the initial spousal support order, meaning that the change was unforeseeable. Moreover, in some situations, the divorce order will include a provision stating that the court must review the spousal support order after a specified period of time. During this review, the spousal support order may be modified or ended entirely.
Since there is no formula that is followed to calculate spousal support and the decision is left to the broad discretion of the court, many people choose to seek assistance and legal advice from an experienced Ohio spousal support attorney.
An experienced family law attorney will represent your interests as the judge makes spousal support determinations. They will skillfully negotiate on your behalf and defend you during all court proceedings. Above all, hiring a spousal support lawyer can help ensure that you are not misrepresented at any point during the determination process, therefore ensuring the protection of your financial and legal rights.
For many individuals who are in the midst of the divorce process, navigating spousal support arrangements can quickly become overwhelming. Both parties have a vested interest in optimizing their financial outcome and advocating for your interests is essential.
At Zukowsky Law, our Ohio spousal support attorneys have worked closely with individuals and couples to obtain the most ideal spousal support agreement based on their personal and financial circumstances. To learn more about how we can help, consider contacting our Cleveland office at (216) 800-5529 today.
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