In Ohio, alimony (spousal support) may be awarded following a divorce. Simply described, alimony is a payment made by one spouse to their financially disadvantaged former partner. It is not granted after every marital separation in Ohio—but, when warranted, Ohio courts have the power to award alimony that is deemed fair and equitable. This raises an important question: How is alimony calculated in Ohio? The short answer is that there is not a predetermined formula. In this blog post, our Toledo family law attorneys provide an overview of the key factors that are considered when calculating spousal support in Ohio.
The Two Types of Spousal Support in Ohio
There are two basic types of alimony that are recognized in our state: temporary alimony and permanent alimony. Temporary spousal support covers the period between the divorce filing and the finalization of the separation. In some cases, the divorce process can take many months or even multiple years. Temporary alimony can help to fill that gap during this time.
Permanent spousal support is a bit of a misnomer. It simply means alimony that will continue after the marriage. In other words, so-called “permanent alimony” could be awarded on a relatively short-term basis in order to help one spouse get back on their feet or otherwise become self-sufficient.
Ohio Law: What to Know About Alimony Calculations
In Ohio, the state uses a pre-set formula to calculate child support obligations. Family law courts will only deviate from the formula in narrow circumstances. In contrast, there is no formula for alimony calculations. Under Ohio law (Oh. Rev. Code § 3105.18), courts have broad discretion to come to an alimony determination that is fair, equitable, and reasonable. Ohio state statutes instruct the courts to consider the following factors when determining alimony/spousal support:
- The duration of the marriage;
- The current age and health statute of each party;
- The current and future earning potential of each party;
- The current and future financial resources of the parties;
- The reason why the marriage breakdown;
- The standard of living each partner became accustomed to during the marriage; and
- Any other factor deemed material to craft a fair and equitable alimony arrangement.
Ultimately, alimony is very much a case-by-case issue. The specific circumstances of your divorce—and the current and future financial position of each party—will always matter. An experienced Toledo alimony lawyer will help you come to an arrangement that most effectively protects your legal rights and financial interests.
Call Our Toledo, OH Spousal Support Attorneys for Immediate Legal Help
At Groth & Associates, our top-rated Toledo family lawyers are knowledgeable and reliable advocates for our clients. If you have any specific questions or concerns about how alimony is calculated in Ohio, we are ready and willing to help. Contact our law firm today for a confidential consultation. With an office in Toledo, we provide family law services throughout all of Northwest Ohio, including in Lucas County, Wood County, Fulton County, Ottawa County, and Sandusky County.