Atkins and Atkins Attorneys at Law, LLC

Everyone goes into marriage with the intention to stay together forever. Marriage is a beautiful thing, but if the situation becomes untenable, sometimes splitting is the best call. Yes, divorce is full of emotional decisions, but there are also financial considerations to account for as well.

Marriage is a partnership. And just like a business partnership, when dissolved, the goal is for both partners to come out equitably for the work they put in.

What is spousal support?

Spousal support, also known as alimony, is payment one spouse makes to another during or after a divorce. Ohio law defines spousal support as payment made to a former spouse “both for sustenance and for support of the spouse or former spouse.”

Spousal support is not payments made to a spouse in the course of dividing marriage property.

Who gets spousal support?

The eligibility for and the amount of spousal support is determined individually for each case. Either party can petition the court for spousal support during the divorce proceedings. Some factors taken into considerations in Ohio when determining spousal support include:

  • Duration of the marriage
  • Income of each party
  • Earning capacity of each party
  • The age and physical, mental and emotional condition of each party
  • Factors involving minor children
  • The standard of living developed during the marriage
  • The education of each party
  • Each party’s individual assets
  • The contribution of each party to the other’s training, education or career
  • Tax consequences brought on by the divorce or receiving support
  • Any other factors the court finds relevant

Other considerations

Spousal support can be temporary – lasting only through the duration of the divorce proceedings – or permanent. The court can determine that it is paid in one lump sum, or in installments for a set duration, including life. Spousal support usually terminates if one party dies, unless otherwise arranged.

Seek advice

If you’re going through a divorce, it is usually a good idea to seek the advice of an attorney. He or she can counsel you on what kind of divorce makes sense for you, and help guide you through the process more smoothly.

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Atkins and Atkins Attorneys at Law, LLC

490 City Park Ave.
Columbus, OH 43215-5780

Phone: 614-398-3277
Phone: 614-485-8248
Fax: 614-591-4667
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