Spousal Support/Alimony

Spousal support may be awarded in a divorce, and is money one spouse pays the other to basically compensate them for their work caring for children, managing the household, and lost career opportunities etc.

Unlike child support, there is not a set formula determining an amount of spousal support. However, awards of spousal support must be both appropriate and reasonable considering the amount and circumstances of payment.

The fourteen factors that must be considered when seeking spousal support under current R.C. 3105.18(C)(1) are as follows:

(a) The income of the parties, from all sources, including, but not limited to, income derived from property divided, disbursed, or distributed under R.C. 3105.171;

(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 he 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; and

(n) Any other factor that the court expressly finds to be relevant and equitable.

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