Alimony is officially referred to as‘spousal support.’ Spousal support is paid for sustenance and for support of a spouse or former
spouse. Spousal support (otherwise known as alimony) is usually not awarded in divorces involving short-term marriages (less than five years). During the divorce process, however, courts may award temporary spousal support until the divorce becomes final, even in short-term marriages.
Alimony obligations which extend beyond the final divorce hearing are likely to occur where the marriage lasted more than five years
and one of the spouses earns significantly more income than the other spouse.
The amount and duration of these alimony obligations are left to the discretion of the divorce judge who is guided by the Ohio Revised Code statute 3105.18. This statute lists 13 factors for the divorce court to consider (in addition to any other factor that the divorce court finds to be fair and relevant). These factors include:
· the income of the parties
· the relative earning abilities and education of the parties
· the ages and physical, mental, emotional conditions of the parties
· the retirement benefits available
· whether one spouse is a stay-at-home parent
· the job opportunities lost to one of the parties due to the marriage
· job training needs of one of the parties
· assets and debts of each of the parties
Spousal support obligations once awarded, normally terminate upon the death of either party or upon the recipient’s re-marriage or cohabitation with a significant other.
If you have questions concerning divorce or spousal support, Klein, Tomb & Eberly have two convenient locations in Troy and Vandalia. Klein, Tomb & Eberly can be reached at 937.339.3939 and appointments are usually available within 24 hours of your call.