Divorce

Alimony, also called spousal support or maintenance, is financial support paid by or to your spouse and can be awarded on a temporary basis during the divorce and on a more permanent basis once a divorce is granted.¹ Alimony will stop if either party dies, unless the alimony order says otherwise. To decide the amount of alimony and for how long alimony will be paid, a judge will consider your and your spouse’s:

• income;
• earning capacity;
• age, physical, mental, and emotional condition;
• retirement benefits;
• length of marriage;
• ability to have a job outside of the home due to custody of a minor child from the marriage;
• standard of living during the marriage;
• education;
• assets and liabilities, including any court-ordered payments;
• contribution to the education, training, or increased earning capacity of the other spouse, including any contribution to helping the other get a professional degree;
• education, training, or job experience to get an appropriate job and the amount of time and money you (the spouse asking for support) would need to get the necessary education, training, or experience;
• tax consequences; and
• lost income or earning capacity because of marital responsibilities, such as staying at home or caring for minor children.²

Note: The judge can also consider any other factors that the judge thinks are important to make a decision.²

The judge will assume that both you and your spouse contributed the same amount to any marital income.³

¹ OH ST § 3105.18(B)
² OH ST § 3105.18(C)(1)
³ OH ST § 3105.18(C)(2)