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How spousal support works in Ohio

On Behalf of | Mar 26, 2020 | Divorce

Spousal support is a topic that gets a lot of attention in divorces because every state seems to handle it differently. Ohio does allow the court to award such support when one spouse has a need for financial assistance. The details of how the court awards it and the other factors affecting it are specific to the state.

The Ohio Revised Code explains that any spousal support order must come after the property division portion of a divorce. This will allow the court to get a full picture of each party’s finances. The court will make sure there is a need for the support award. It will only decide to create an order if it feels the evidence shows one spouse will have a change in circumstances that would make it difficult for him or her to not uphold a fair standard of living.

Money is not the only payment type

Spousal support does not have to be money paid from one spouse to the other. Often, the award is for monetary payments, but the court may also require the transfer of property to fulfill spousal support obligations.

The length of spousal support

The court can order temporary support that one spouse will pay the other during the divorce proceedings or order permanent support that one spouse will pay the other moving forward after the finalization of the divorce. The court may decide how long payments will continue. They will end when either party dies.

Factors the court considers

In determining whether to award support, the court will look at the earning capabilities of each party and her or his financial situation. The court looks to see if there is a real need for financial assistance by one party when the other party is financially sound. It will also consider the standard of living during the marriage and the responsibility after the divorce of one party to take care of the children. The law does give the court wide discretion and allows it to consider any factor it feels is applicable.


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