When facing a divorce, the issue of whether a party is entitled to receive an award of spousal support or whether the party is required to pay spousal support is a top notch concern. The attorneys at The Meranda Law Firm represent both the potential payor’s and payee’s in spousal support litigation, and in either case work towards achieving you the most beneficial results possible. We are prepared to zealously litigate any disputes to help protect your rights and interest.

Spousal Support, formerly known as alimony, is the money paid for the support and maintenance of a spouse. In Ohio there are three kinds of spousal support: temporary spousal support, spousal support awarded in connection with the granting of a divorce, and spousal support in a suit for legal separation. Spousal support is not due and payable as a debt, damage, or penalty but it awarded by the courts upon the obligation of mutual support, which grows out of the marriage relation. Spousal support can either be awarded to the husband or the wife.

In Ohio, in determining whether permanent spousal support is appropriate and reasonable, and in determining the nature, amount, and terms if of payment, and duration of spousal support, the courts must consider all of the following factors:

1. Income of the parties
2. Relative earnings abilities of the parties
3. Ages and the physical, mental, and emotion conditions of the parties,
4. Retirement benefits of the parties
5. Duration of the marriage
6. Extent to which it would be inappropriate for a party, because that party, because that party will be custodian of a minor child of the marriage, to seek employment outside the home
7. Standard of living of the parties established during the marriage
8. Education of the parties
9. Assets and liabilities of the parties
10. Each party’s contribution to the education, training, or earning ability of the other party
11. Time and expense necessary for the spouse who is seeking spousal support to acquire education, training, or job experience so that the spouse will be qualified to obtain appropriate employment
12. Tax consequence of an award of spousal support
13. Lost income production capacity of either party that resulted from that party’s marital responsibilities

Spousal support can be for a specified length of time (i.e. 24 months, 48 months, etc.), can continue indefinitely, or may be ordered to terminate upon the occurrence of a specified event (i.e. remarriage of the payee-spouse or death of either party). The preference is for the termination of support "at a date certain," but the court has discretion in making that determination. The court may order spousal support for a specified length of time and maintain jurisdiction of the support issue so that it can be reviewed again to see if it should continue as is, be modified or terminated.

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