How Is Alimony Calculated in Ohio?

Alimony is now called spousal support in the state of Ohio. This is a transfer of something of value from one spouse to another to provide for the support and sustenance of the former spouse. Spousal support can take the form of a transfer of real property, the transfer of personal property (car, boat, artwork, and so on), the transfer of a lump sum of money, or the regular payment of money over time. Spousal support payments can be for a short or long time.

Temporary Support

The Ohio statute that governs the calculation of spousal support is Ohio Code section 3105.18. That statute provides that the court can award spousal support to either spouse while a divorce or separation proceeding is happening. This form of temporary spousal support is called pendant lite. The statute gives the court no criteria for calculating the amount of temporary spousal support, so judges use their own discretion. Whatever temporary order is made, it automatically ends at the end of the case when a permanent order is entered.

Spousal Contributions

When Ohio courts determine the fair amount of spousal support, the statute requires them to consider that both parties have contributed equally to the marital income. That means that if one spouse has been employed or run a business, while the other spouse has kept the household, raised children, or done charity work, they have both contributed equally to the success of the marital enterprise. They are both entitled to continue to benefit from that.

Statutory Criteria

The Ohio statute on spousal support requires the courts to consider a list of criteria when calculating the fair amount of spousal support. These criteria include all sources of income; earnings; age and physical and mental condition of spouses; retirement benefits; duration of marriage; childcare requirements; standard of living during marriage; education; assets and liabilities; contributions to education, training, or earning ability of the other spouse; what is required for a spouse receiving support to get education, training, or work experience; tax consequences; lost income production capacity; and any other factors the court finds relevant and fair.

Modifying Calculations

Once an order of spousal support has been entered in a legal separation or divorce, it can only be modified under the statute if the court finds that the circumstances of the parties have changed. This can include involuntary changes in wages, salary, bonuses, living expenses or medical costs. For all alimony or spousal support orders for continuous support payments entered after 1991, the court cannot modify support orders because of a change in circumstances unless the original support order includes language allowing the amount of support to be recalculated.

Spousal Support Guidelines

Some states have specific guidelines that tell the courts how to calculate spousal support. The intent of guidelines is usually to make support awards more fair by requiring courts to either follow the guidelines to give a good reason why they choose not to follow the guidelines. Other states, like Ohio, have a list of discretionary criteria the court can apply. These tend to result in more inconsistency case to case. Legislation has been recommended to pass guidelines in Ohio, but the suggestion has not been successful.

References

• LaWriter Ohio Laws and Rules: 3105.18
• The Law Offices of Virginia C. Cornwell: Spousal Support in Ohio Formerly Called Alimony