Alimony (or spousal support) is court-ordered financial support paid by one spouse to the other spouse. A couple may agree on alimony terms, or a spouse may seek alimony through litigation. The primary purpose of alimony is to provide financial support for a spouse who does not have sufficient income or resources to provide for their basic needs.
The length of alimony payments depends on several factors, including the type of alimony awarded. Judges must consider all relevant factors before deciding how long alimony will last in an Ohio divorce case.
How Long Does Alimony Last in Ohio?
Generally, there are multiple ways alimony payments can end in Ohio. Alimony payments end when:
There Is a Set Date to Terminate Alimony
An alimony order may include a termination date or condition. For example, the judge may order alimony payments for a specific period of time to give a spouse time to obtain the skills and education to increase their earning capacity. On the other hand, the judge may include a condition to terminate alimony, such as when the spouse gets a job.
Death or Remarriage of a Spouse
When either spouse dies, alimony typically ends automatically. However, the order could require otherwise. Generally, alimony terminates if the spouse receiving alimony remarries or cohabitates with another party unless otherwise stated in the order.
Change in Circumstances
The court may modify or terminate alimony payments for a substantial change in circumstances. The change in circumstances must have been unforeseeable at the time of the current alimony order. Common reasons for modifying alimony include:
- The receiving spouse incurs significant medical expenses because of an unforeseen illness or injury.
- The paying spouse involuntarily loses their job or has a decrease in their hours or wages.
- The paying spouse becomes disabled or injured.
- The receiving spouse remarries or cohabitates with a new partner.
- A party has a substantial change in living circumstances.
The change must make the current alimony award unreasonable and inappropriate. For the order to be modified, the change in circumstances must not have been considered when the original order was issued.
What Are the Different Types of Alimony Awarded in Ohio?
Ohio law provides for two types of alimony awards – temporary and permanent.
- Temporary alimony is paid during the divorce process to help a lower-earning spouse pay their necessary living expenses. It ends with the final divorce order.
- Permanent alimony, which refers to payments for an indefinite period of time, may be granted as part of the final divorce decree. It typically continues until specific conditions such as remarriage, cohabitation, or death are triggered.
- Long-term alimony (sometimes called permanent alimony) can continue until one party dies or the receiving spouse remarries or cohabitates with a partner.
- Rehabilitative alimony is awarded to give a spouse time to obtain the education, skills, or training to increase their earning capacity. This alimony may help cover living expenses while the spouse attends school or pays for tuition.
- Transitional alimony may be granted for a shorter period than rehabilitative alimony. It is intended to help spouses adjust to single life, including obtaining the income necessary to pay their living expenses independently.
The court may order lump-sum alimony under rare circumstances. Although less common, it may be used in specific situations to address a unique issue.
How Do Courts Calculate the Amount of Alimony Payments in Columbus, OH?
Judges consider numerous factors when deciding alimony in a divorce case, such as:
- The duration of the marriage
- The incomes of both parties
- The health and age of the spouses
- The standard of living during the marriage
- The assets, debts, and resources of each party
- The education level of each spouse
- Any tax consequences that alimony could cause for the spouses
- The relative earning capacity of each party
Judges may consider other factors relevant to making a fair and just decision, as Ohio does not have a formula for calculating spousal support. Each case is decided based on the unique factors involved.
Contact the Columbus Divorce Lawyers at Atkins And Atkins, Attorneys At Law, LLC for Help Today With Your Family Law Case
For more information, contact our experienced Columbus family law & divorce attorneys at Atkins And Atkins, Attorneys At Law, LLC by calling (614) 485-8248 to schedule a consultation.
We serve all through Franklin County and its surrounding areas in Ohio. Visit our office at:
Atkins and Atkins, Attorneys at Law, LLC – Columbus Office
503 S Front St Suite 203, Columbus, OH 43215
(614) 485-8248
