Do I Get Alimony in a Divorce in Ohio if I Have Been Married for 25 Years?

Alimony is often called spousal support in Ohio.

Alimony, sometimes called spousal support in Ohio, can be awarded in divorce cases to either party regardless of sex. While there is no single factor or cause that determines whether or not a court will award alimony, the length of the marriage does play a part in the court's decision. Talk to a qualified Ohio divorce attorney if you need legal advice about your case.

Factors

Ohio law allows courts to award spousal support as part of any divorce or legal separation in the state, according to Ohio Revised Code section 3105.18(b). The law sets out several factors that the court must consider when deciding alimony awards. These factors include the income of each spouse, their earning capacities, ages, retirement benefits, standard of living, education, the contribution each spouse made to the marriage and the duration of the marriage itself.

Prenuptial Agreements

Prenuptial agreements, called antenuptial agreements in Ohio, are contracts parties enter into before getting married that often address the issue of alimony. As long as the prenuptial agreement is valid, the courts will award alimony under the terms of the agreement in the event of a divorce. Ohio Revised Code section 3103.05 states only that a husband and wife can enter into such contracts when unmarried, and requires only that the agreement be in writing.

Divorce Settlements

When a spouse files for divorce in Ohio, the couple can come to their own agreement about any alimony issues without asking the court to decide for them. Ohio Revised Code section 3105.18 states that the court will only accept or consider alimony terms after a property settlement has been agreed upon or established. Such agreements must be appropriate and reasonable.

Modification

Whenever an Ohio court issues a divorce order and dissolves a marriage, the court retains the power to modify its orders pursuant to Ohio Revised Code section 3105.89. If, for example, the court orders a husband to pay a wife alimony, but after the judgment is issued he later suffers an injury making him unable to earn an income, he can petition the court and ask it to decrease or terminate the alimony paymetns.

References

• Lawriter: Ohio Revised Code section 3105.18
• Lawriter: Ohio Revised Code section 3105.05
• Lawriter: Ohio Revised Code Chapter 3105