Divorce Alimony in Ohio

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Every state has its own set of laws and rights for settling all general issues involved in the divorce proceedings. The length of divorce process depends upon the number of unresolved issues to be sorted before the final hearing in the court. The alimony or spousal support is one of those issues that is finalized after the consent of the divorcing parties and the court. Several crucial practices related to the alimony such as, determination of alimony amount, any sort of modification in previously granted support, etc., are approved by the court itself. The decision regarding the alimony is either made by the law or mutually decided by the divorcing parties. The attorneys can greatly contribute in terms of explaining the rules and regulations while drafting the alimony agreement paper. The divorce alimony in Ohio is also settled after fulfillment of specific conditions by the divorcing individuals.

Factors Considered During Alimony Settlement

The court ponders over the following factors and then decides the amount, nature, terms and duration of alimony.

  • Due to the marital responsibilities of the 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 the 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 during 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 the spouses.
  • The emotional state, physical and mental condition as well as ages of both the 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.

Types of Alimony in Ohio

In Ohio, the alimony support can be awarded in the form of temporary or rehabilitative alimony to the recipient. The decision entirely depends upon the need of the recipient and the circumstances lies with the payer. The temporary alimony is suitable in the case where legal proceedings of divorce are ongoing. On the other hand, the rehabilitative alimony is granted in the case where the recipient may require the financial support for definite period of time. During this period, they hone their professional skills and try to attain the self supported state in life. This spousal support can be terminated in special cases such as, demise of the payer, remarriage of the recipient and likewise.

Modification of Divorce 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 May 02, 1986 and prior to January 01, 1991. Another case is of a continuing order for spousal support entered on or after January 01, 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 cases 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 consist of a provision that specifically authorizes the court to change the duration and amount of alimony.

The highly important thing that is required by the spouses is to be aware with all updated laws and rights during the settlement of divorce alimony in Ohio. At the same time, the client's consult with an experienced attorney can prove to be great help during the process.

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