What is “spousal support?
Ohio no longer uses the term “alimony.” Instead, Ohio uses the term “spousal support” when referring to an allowance of money or property that is not intended as a division of marital property. Ohio’s current law defines spousal support as “the payment or payments to be made to a spouse or former spouse…that is both for sustenance and for support of the spouse or former spouse.”

1. When may spousal support be ordered?
   The court may order spousal support in a divorce action (including temporary spousal support during the time the divorce action is pending), or in an action for support only (i.e. a spouse may request only that the court order spousal support while not requesting that the court terminate the marriage, sometimes referred to as a “legal separation”).Ohio law requires that a married person support his or her spouse. Spousal support is an allowance for nourishment or sustenance which the court may compel one spouse to pay to the other when they are living apart or have been divorced. While spousal support, whether temporary support during the pendency of the divorce action (“spousal support pendente lite,” also commonly referred to as “temporary alimony”) or permanent (regardless of the actual length of time) is ordinarily granted to the wife, Ohio law provides that in appropriate cases, spousal support may be granted to the husband.

   An award of spousal support pendente lite is discretionary with the court. The court may include in a temporary spousal support award expenses for such items as housing (i.e. rent or mortgage payment), food, medical expenses, transportation and attorney fees. A temporary spousal support award automatically terminates after a divorce, annulment or legal separation decree has been entered.

2. How is the amount of temporary spousal support determined?With regard to a temporary spousal support award, there is no precise formula for determining the amount that will be awarded. The court must use its judicial discretion and take into consideration the ability to pay of the party who is to be paying the temporary spousal support and the present needs of the party to whom the temporary spousal support is to be paid. The court is required to take into consideration the standard of living of the parties immediately prior to the time of separation of the parties or the beginning of the marital discord.
3. How is the issue of whether permanent spousal support is to be ordered determined and if it is to be awarded how is the amount determined?
   When determining whether to grant permanent spousal support and if it is granted, the nature, amount and duration of the payments, the trial court is required to consider fourteen factors. These factors are:
   1. The income of the parties, from all sources, including, but not limited to, income derived from property awarded as part of the property division in the divorce proceeding;
   2. The relative earning abilities of the parties;
   3. The ages and the physical, mental and emotional conditions of the parties;
   4. The retirement benefits of the parties;
   5. The duration of the marriage;
   6. The extent to which it would be inappropriate for a party, because he/she will be custodian of a minor child or children of the marriage, to seek employment outside the home;
   7. The standard of living of the parties established during the marriage;
   8. The relative extent of education of the parties;
   9. The relative assets and liabilities of the parties, including, but not limited to any court-ordered payments by the parties;
   10. 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;
   11. 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;
   12. The tax consequences, for each party, of an award of spousal support;
   13. The lost income production capacity of either party that resulted from that party’s marital responsibilities; and
   14. Any other fact that the court expressly finds to be relevant and equitable.

   If the court determines that permanent spousal support is warranted, when determining the amount of the award, the court must consider the ability to pay of the party who is to be paying the spousal support and the needs of the party to whom the spousal support is to be paid.

4. How long does spousal support last?
   Spousal support can be for a specified length of time (i.e. 24 months, 48 months, etc.), may be ordered, in the appropriate case, to continue indefinitely, or may be ordered to terminate upon the occurrence of a specified event (i.e. remarriage of the payee-spouse or death of either party). The preference is for the termination of support “at a date certain,” but the court has discretion in making the determination. The court may order spousal support for a specified length of time and maintain jurisdiction of the support issue so that it can be reviewed again to see if it should continue as is, be modified or terminated.
5. Can permanent spousal support be modified or terminated?
   If the decree that orders permanent spousal support makes a specific provision that permits the court to modify the spousal support award, the court retains jurisdiction to hear any motion requesting a modification of the existing award. The court can expressly reserve jurisdiction in its order in a contested divorce matter or the parties can agree, in a separation agreement that is subsequently incorporated into a divorce decree, to make spousal support modifiable. If there is no provision contained in the divorce decree (or a separation agreement incorporated into a divorce decree) that reserves the jurisdiction of the court to modify the spousal support award, the award in not modifiable.Because of a change in the law, divorce decrees filed before May 2, l986, and not arising out of a separation agreement incorporated into a decree, do not have to have a specific reservation of jurisdiction in order for the court to consider a modification or termination of spousal support.

   Divorce decrees which incorporate separation agreements and which were entered on or before June 23, l976 are not modifiable unless there has been a mistake, misrepresentation, fraud, or an express reservation of jurisdiction to modify. Divorce decrees which incorporate separation agreements and which were entered after June 23, l976 but before May 2, l986 are modifiable and such modification is not limited only to situations of mistake, misrepresentation, fraud, and the separation agreement or decree does not have to have an express reservation of jurisdiction to modify.

   If the court has retained jurisdiction to modify spousal support (or under the other situations described above where the court may modify), it may only do so where the court determines that there has been a material or substantial change in the circumstances of either party that could not reasonably have been anticipated at the time of the original decree. A change in circumstance includes:

   • Altered economic conditions (i.e. an involuntary decrease in income);
   • Remarriage of the recipient;
   • Death;
   • Entering into a relationship in another state that would constitute a valid marriage in Ohio;
   • Post-decree cohabitation in certain situations;
   • Payor’s increased ability to pay;
   • Retirement; and
   • Other circumstances.

-www.ohiodivorceforms.com-

What is the Difference Between Divorce and Dissolution?

Both of these proceedings result in a termination of your marriage, but they are different in many ways. Dissolution does not require proof of grounds to end the marriage. Dissolution depends on a good faith exchange of information and negotiation. The parties must agree to all the terms of dissolution. A divorce is a lawsuit whereby one party sues the other party and asks the court to end the marriage and determine custody, a division of property, and make support orders. A divorce gives some protection not afforded in a dissolution such as the right to obtain temporary restraining orders, temporary support orders, and to force financial discovery (proof of income, assets, and debts). You should discuss with your attorney which procedure is better for you, considering your own individual circumstances.

Is Marital Fault Generally a Factor in Determining Support or Dividing Property in a Divorce?

Generally, Ohio is a no-fault divorce state. Therefore, fault is not an important factor unless there has been financial misconduct. You should discuss the particular circumstances of your case with your attorney to determine what factors are important in obtaining your desired result.

My Marriage is Ending, but I do Not Know Anything About Our Finances. How Will I be Sure to Get a Fair Settlement?

It is not unusual for only one of the parties to handle the finances during a marriage. Your attorney must file requests to obtain the necessary financial information through what is known as the discovery process, before you go to trial or negotiate a settlement.

I am Getting Married. How can I Protect My Assets in the Event the Marriage Does Not Work Out?

Ohio recognizes pre-marital (also called pre-nuptial or ante-nuptial) agreements if certain qualifications are met. Such an agreement must be signed before the marriage takes place. It is best to retain a matrimonial lawyer to discuss such an agreement or other pre-marital protection options. You should contact an attorney several months prior to the planned wedding because pre-marital agreements which are signed shortly before the wedding may be considered unenforceable. In addition, there must be a full, accurate and documented disclosure of all assets and liabilities. Both parties must have their own attorney.

How Much Child Support Will I be Ordered to Pay or Receive?

Child support obligations are based primarily on each parent’s current gross income, the amount of work-related day care expenses which are incurred on behalf of the minor children (if any), and the cost for providing health insurance coverage for the children. The Court must use a child support worksheet, which calculates the presumed correct amount of child support under Ohio law. The Court can order a higher or lower amount than the presumed correct amount under certain circumstances such as when the parties have shared parenting, a child has special needs, or other unusual circumstances.

How Long Does it Take to Get a Divorce?

A divorce can take anywhere from several months to more than one year from the filing of the Complaint for Divorce until the final Judgment Entry granting the divorce. A divorce action is a process of gathering information; negotiating with the other party to determine if an agreement can be reached regarding the allocation of parental rights and responsibilities; identification, valuation, and the division of assets; allocation of debts; spousal support (if any) and preparing for a hearing or trial if the parties are unable to agree. Most divorce cases ultimately result in the parties reaching an agreement, but every case must be prepared so that all of the information is obtained for the attorney to negotiate a fair settlement or present the case to the Court for a decision.

What is a Legal Separation?

Under Ohio law, a married person can file a Complaint for Legal Separation. The grounds for legal separation are very similar to grounds for divorce. In a legal separation action, the court will determine allocation of parental rights and responsibilities and spousal support issues. Marital assets can also be divided by the Court. At the end of the process, a Legal Separation is granted and orders are made regarding allocation of parental rights, child support and spousal support but the parties remain married. This is important to some people for religious or financial reasons (such as the ability to remain on the other spouse’s health insurance) where the parties want to go their separate ways but remain legally married. However, it is important to know that if one party files for a Legal Separation there is nothing to prevent the other party from filing a Counterclaim for a Divorce.

Should I move out of the marital residence before filing for divorce or while the case is pending?

It can be very difficult to continue to live under the same roof with someone if the marriage relationship is severely strained or effectively over. However, you should not move from your current residence before consulting with an attorney if you are planning to file for divorce or if your divorce case is pending. If custody is an issue in your case, courts have a tendency to rule that children should stay in the residence where they are accustomed to living. There may also be an issue in your case regarding whether either party will have the right to continue to reside in the marital residence or how the household goods and furnishings should be divided. If you leave the marital residence, your rights could be adversely affected and it may make it more difficult for your attorney to adequately represent you in the case.

How is Property Divided in a Divorce?

If the parties cannot agree on a property settlement, the Court will determine whether the assets owned by the parties are marital or separate property. As a general rule, all assets acquired during a marriage (marital property) are considered the joint effort of the parties, subject to equal division unless the Court decides for some reason that an equal division would not be fair. Assets that were acquired prior to the marriage, as well as other types of assets such as an inheritance, personal injury settlement, or a gift solely to one of the parties, are considered separate property which generally is not subject to division. This is a very complex subject. Assets to be divided in a divorce often include real estate, professional practices or other businesses, household goods and furnishings, motor vehicles, bank accounts, stocks, bonds, other investment accounts, pensions and retirement accounts. Your attorney must be able to explain to you how the assets owned by you and your spouse would be valued and divided in the event of a divorce.

What if my Children do Not Want to Visit with Their Mother or Father?

Sometimes when parents are divorced, or are in the process of getting a divorce, the children say that they do not want to go and visit with the other parent. As a general rule, it is very important for children to have a relationship with both of their parents. This is usually true even if the children say they do not want to go. Of course, there are exceptions to this rule. If there is evidence of child abuse, this should be reported to the appropriate authorities. However, in the absence of abuse or some other unusual situation, you should encourage your children to spend time with the other parent. In some cases, counseling can be beneficial for children who are having difficulty with visitation or the divorce process in general.

Do I Have to Let My Former Spouse See the Children if He or She is Not Paying Child Support?

In the eyes of the law, children need both financial support and a relationship with both parents. Non-payment of child support does not permit a residential (custodial) parent to deny the other parent visitation with the children. There are various ways that a child support order can be enforced. These include garnishment of wages, driver’s license suspensions, attachment of financial accounts and even jail time in severe cases for the parent who refuses to pay child support.

Can My Child’s Stepparent Adopt My Child?

A stepparent can adopt a child with the consent of the natural parent. This will permanently terminate all parental rights between the natural parent and the child. A stepparent can also adopt a stepchild without the express consent of the natural parent if it can be shown that there has been no support paid by the natural parent and no contact with the minor child for more than one year before the filing of an adoption petition.

To file for a divorce or annulment, the plaintiff must be a resident for at least six months prior to filing. The court of common pleas has jurisdiction of all domestic relations matters, and all actions for divorce and annulment shall be brought in the proper county. [Based on Ohio Revised Code Section 3105.011 and 3105.03]

A divorce may be granted for the following causes: [Based on Ohio Revised Code Section 3105.01]

 LEGAL SEPARATION:

The court of common pleas may grant legal separation on the same grounds as for divorce. A husband and wife cannot, by any contract with each other, alter their legal relations, except that they may agree to an immediate separation and make provisions for the support of either of them and their children during the separation. [Based on Ohio Revised Code Section 3103.06 and 3105.17]

At any time after thirty days from the service of summons or first publication of notice in an action for divorce, annulment, or legal separation, or at any time after the filing of a petition for dissolution of marriage, the court of common pleas, upon its own motion or the motion of one of the parties, may order the parties to undergo conciliation for the period of time not exceeding ninety days as the court specifies, and, if children are involved in the proceeding, the court may order the parties to take part in family counseling during the course of the proceeding or for any reasonable period of time as directed by the court. No action for divorce, annulment, or legal separation, in which conciliation or family counseling has been ordered, shall be heard or decided until the conciliation or family counseling has concluded and been reported to the court. [Based on Ohio Revised Code Section 3105.091]

Ohio is an equitable distribution state, meaning that the marital estate shall be divided equitably. In making a division of marital property, the court shall consider all of the following factors:

 Separate property not subject to property division includes inheritances, property owned before the marriage, passive income or appreciation acquired from separate property during the marriage, property acquired after a legal separation, property excluded by an antenuptial agreement, personal injury awards, and gifts given to only one spouse. [Based on Ohio Revised Code Section 3105.171]

The court of common pleas may award reasonable spousal support to either party. In determining whether spousal support is appropriate and reasonable, and in determining the nature, amount, and terms of payment, and duration of spousal support, which is payable either in gross or in installments, the court shall consider all of the following factors:

-By Cathy Meyer, About.com Guide