When terminating a marriage, one of the most contentious issues often involves determining spousal support. Spousal support impacts both parties financially. It is non-taxable to the receiving spouse but is paid for out of the after-tax income of the paying spouse. Knowing the statutory considerations that serve as the basis for spousal support determinations can help you prepare for what lies ahead, whether you’re facing a potential divorce or already in the process.
What Is Spousal Support?
Spousal support is a payment to a spouse or former spouse for the sustenance and support of that spouse. It’s a legal remedy that can ensure financial fairness and prevent economic hardship during and after divorce.
Marriages often involve financial interdependence, with one spouse sometimes sacrificing career advancement for family responsibilities or supporting the other’s career growth. An award of spousal support may serve to help this spouse maintain a reasonable standard of living while working towards financial independence. Unlike child support, which is calculated by a formula, spousal support determinations are not the product of a formula and are arrived at by considering multiple statutory factors.
Ohio’s Statutory Framework for Spousal Support
Ohio takes a comprehensive and fair approach to spousal support determinations, focusing on both current circumstances and future needs. The state’s courts carefully weigh multiple factors to ensure fair and reasonable support orders. Unlike some states that use strict mathematical formulas, Ohio judges have significant discretion in crafting appropriate support arrangements, allowing them to address each case’s unique circumstances.
After a determination has been made as to the division of a couple’s marital estate, the following statutory factors are considered to determine whether spousal support should be awarded to either party:
Statutory Factors:
(a) The income of the parties from all sources, including, but not limited to, income derived from property divided, disbursed, or distributed under section 3105.171 of the Revised Code;
(b) The relative earning abilities of the parties;
(c) The ages and the physical, mental, and emotional conditions of the parties;
(d) The retirement benefits of the parties;
(e) The duration of the marriage;
(f) The extent to which it would be inappropriate for a party, because that party will be custodian of a minor child of the marriage, to seek employment outside the home;
(g) The standard of living of the parties established during the marriage;
(h) The relative extent of education of the parties;
(i) The relative assets and liabilities of the parties, including but not limited to any court-ordered payments by the parties;
(j) The contribution of each party to the education, training, or earning ability of the other party, including, but not limited to, any party’s contribution to the acquisition of a professional degree of the other party;
(k) The 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, provided the education, training, or job experience, and employment is, in fact, sought;
(l) The tax consequences, for each party, of an award of spousal support;
(m) The lost income production capacity of either party that resulted from that party’s marital responsibilities;
(n) Any other factor that the court expressly finds to be relevant and equitable.
Spousal support may be awarded both during the pendency of a divorce case and/or after the divorce has been finalized. Often, temporary spousal support, which is a short-term financial arrangement, is established while a divorce action is pending. This temporary and/or interim support is awarded to maintain the status quo and ensure both parties can meet their financial obligations while the divorce is pending.
Duration and Modification
The length of a support award varies significantly based on individual circumstances. In Ohio courts, the duration of a couple’s marriage is a starting factor for determining the duration of a spousal support award, but it is not the only consideration.
Factors affecting duration might include
- Age of parties
- Health conditions
- Economic conditions
- Recipient’s ability to become self-sufficient
- Retirement considerations
Termination and Modification Triggers
Life changes inevitably occur after divorce, and spousal support must sometimes adapt. Courts recognize that circumstances beyond either party’s control might necessitate that spousal support orders be modified in the future. Consequently, support orders are often subject to further court orders, meaning that the court has retained jurisdiction to modify the original support order at some time in the future. If the court retains jurisdiction to modify a support order, one or both parties may ask the court to modify the spousal support provisions put into effect at the time of the original divorce. Often, the divorce decree will specify situations that should result in modification. Other times, a divorced spouse might believe that circumstances have arisen that justify modification of the original support award. In such situations in such instances, the burden falls on the party seeking modification to prove that a substantial change in circumstances has occurred since the time of the termination of marriage, which circumstance was not contemplated at the time of the divorce, and that the circumstance mandates modification of the original support obligation. It is essential to know that spousal support can only be modified if the court retains jurisdiction.
Modification Events:
- Significant income changes
- Health issues
- Job loss
- Economic hardship
- Retirement
Termination Events:
Most support awards define events that will result in the termination of support. Death of either party or the remarriage of the recipient spouse are commonly cited events for termination.
Impact of Career and Education
Courts increasingly recognize the long-term impact of career sacrifices made during marriage. This consideration becomes particularly relevant when one spouse has supported the other’s career advancement or education while putting their professional development on hold. If a spouse leaves the workforce to raise children, they might receive support to pursue an education or training necessary to reenter the job market successfully.
State-by-State Variations
State laws continue to show significant variation in how they approach spousal support. These differences can substantially impact the amount and duration of alimony awards, making it crucial to understand your state’s specific approach.
Notable Differences:
- Some states use mathematical formulas
- Duration limits vary widely
- Treatment of cohabitation differs
- Retirement impact varies
- Tax treatment can differ
- Fault considerations vary by state
Preparing for Spousal Support Proceedings
Whether you expect to pay or receive support, gathering comprehensive documentation and understanding your financial situation is crucial. This preparation should begin well before formal proceedings start, ideally as soon as divorce becomes possible.
Documentation should cover current finances and the history of the marriage’s standard of living. This might include records of vacations, entertainment, housing costs, and other lifestyle factors that the court will consider in determining appropriate support levels. If you need training or education post-divorce, you should know what training education you will need, the time requirements of such training/education, and the cost of the training/education.
Essential Preparations:
- Gather complete financial records
- Document career and education history
- Create a detailed budget showing need
- Compile evidence of the standard of living
- Research state-specific guidelines
- Consult with financial advisors
- Maintain accurate income records
Building a Strong Financial Future
Successfully navigating spousal support proceedings requires a thorough understanding of your rights, obligations, and financial situation. Whether you’re the potential payor or recipient, taking a proactive approach to learning and preparing for spousal support determinations can help ensure a fair outcome that promotes long-term financial stability for both parties.
Remember that spousal support decisions, while significant, represent just one part of your post-divorce financial picture. Working with qualified legal and financial professionals can help you develop a comprehensive plan that addresses immediate needs and long-term financial security.