How the Court Determines Alimony Obligations

Alimony, also known as spousal support, is often negatively connotated. Despite its potential usefulness, alimony has a negative stigma attached to it, partially due to movies and tv shows portraying alimony in a negative light. Many people view alimony as a form of punishment for one spouse, or as a way for one spouse to take advantage of the other. This negative perception of alimony is often fueled by stereotypes and misconceptions and can make the process of divorce even more difficult for those who are going through it. In this introduction, we will explore the origins of the negative stigma around alimony, and examine how it affects those who are involved in the process of divorce.

It is important to understand what alimony is and how it is decided because alimony can have a significant impact on one’s financial stability and future after a divorce. The purpose of alimony is to help the receiving spouse maintain their standard of living and become self-sufficient. Knowing how alimony is decided can also help spouses plan and negotiate for a fair outcome during the divorce process. Various factors come into play when determining the amount of alimony a spouse will receive if any.  Alimony is decided by the court or by the parties through negotiation. Therefore, knowing how alimony is decided can help a divorcing couple understand what to expect and what to negotiate for in their divorce. It can also help a spouse plan for their future and make sure they are able to support themselves financially after the divorce.

Hiring a divorce lawyer in Columbus, OH is an important step in the divorce process. Divorce can be a complex and emotionally charged process, and having a skilled attorney on a divorcee’s side can make all the difference. A Columbus divorce lawyer can help a divorcee navigate the legal system, and ensure that their rights and interests are protected throughout the process. They can also provide guidance and support as divorcing couples navigate the emotional challenges of divorce. Additionally, hiring a divorce lawyer in Columbus, OH who is familiar with the specific laws and court procedures in Columbus, OH can be beneficial, as they will be able to provide their client with the best possible outcome in their case. Overall, hiring a divorce lawyer in Columbus, OH can help divorcees feel more in control of the situation, and make the process of divorce less stressful and overwhelming. 

What Is Alimony?

Alimony, also known as spousal support, is a court-ordered payment made by one spouse to the other following a divorce. In Ohio, the court will consider a variety of factors when determining whether to award alimony, including the length of the marriage, the earning capacity of each spouse, and the standard of living established during the marriage. The court will also consider any factors that would make it unfair or unjust to award alimony, such as a history of domestic violence.

Alimony is important because it helps to ensure that both spouses are able to maintain a similar standard of living following a divorce. This is especially important for spouses who may have limited earning capacity or who may have been out of the workforce for an extended period of time. Alimony can also help to mitigate any negative financial impact that a divorce may have on one spouse, such as the inability to afford housing or other basic necessities. Overall, alimony is intended to provide financial support to divorced spouses while they work to become self-sufficient and financially independent.

When Is Alimony Awarded In Ohio?

In Ohio, a spouse may receive spousal support, otherwise known as alimony, in two different ways: either temporarily or permanently. Temporary spousal support is awarded while the divorce process or lawsuit is pending. Permanent alimony is awarded after the divorce process has concluded and property is divided. Most commonly, alimony is awarded or considered in the following instances:

• Legal separation - The spouses are still legally married but living separately.

• Dissolution of marriage - Both spouses have agreed to terminate their marriage.

• Divorce - A civil lawsuit is initiated to end a marriage.

Factors That Determine How Much Alimony Is Awarded

In determining spousal support requirements, length, and amount, the court will consider a number of factors. Courts take into account several factors when determining whether alimony will be granted in a divorce, such as the length of the marriage, as well as the standard of living established during the marriage. In making the final decision, the court takes into account:

• The income and property of each party, including marital property divided between the parties as well as non marital property which is assigned to the party seeking maintenance, as well as the needs of both parties. 

• If the spouse is impaired in their ability to earn due to time dedicated to domestic duties or if the spouse is delayed in completing education, training, employment, or career opportunities as a result of the marriage. 

• Age of spouse

• Physical and mental health of spouse

• Tax consequences of the property division

• Ability of the spouse for whom support is sought to make payments and maintain their current standard of living.

Often, courts will consider how long it will take the plaintiff to acquire training, education, or employment when determining the length of time that payments will be required. A court’s decision regarding alimony payments will be influenced by any agreement that the parties had made before the court made its decision. 

As well as the amount and consideration of alimony payments, the custody of any children, and any child support obligations between the parties of the divorce also play a significant role. It would severely influence the case for alimony to be received by the custodian of said child or children if the custodial parent is unable to support themselves due to the child or children being of a specific age or having a specific condition that impairs their ability to support the child. For example, if the spouse must remain at home to care for the child. 

As well as taking into account any other aspects relevant to the specific case at hand, the court may also take into account any other factors they find relevant. The final judgment of the court deciding the case will be awarded if no agreement can be reached between the two parties.