Columbus Alimony Attorney
In the state of Ohio, spousal support, or alimony, can often be sought if one spouse requires additional financial assistance following the divorce. Often, this spouse was not the primary breadwinner and may have made significant sacrifices for the other spouse’s career or education. This could include a parent who stayed home and raised the children or a spouse who supported the other through school or significant job training.
Seeking Spousal Support In Franklin County
Each request for spousal maintenance in divorce is considered by the court on a case-by-case basis. The judge must consider several statutory factors, including the duration of the marriage, the disparity in income, the health of each of the parties, the assets received in the division of property, each spouse’s ability to work and capacity to earn, the sacrifices they made for each other, and the amount of time it would take the supported spouse to find work or receive education.
If the case for support is sufficient, then the judge will generally grant one of two types of alimony: rehabilitative alimony or equalizing income. Equalizing income will narrow the gap in income between the spouses and could continue indefinitely, depending on the duration of the marriage. Rehabilitative alimony is generally only granted for a set number of years, allowing the supported spouse a stipend as he or she seeks education or employment.
It is important that you have a knowledgeable and experienced attorney representing your interests in these proceedings to ensure that you are protected now and into the future. The alimony lawyer at Robert L. Caplan Attorney at Law thoroughly understands this process and how best to protect your interests, and he will present a case to the judge based on those factors.
Frequently Asked Questions About Spousal Support In Ohio
Spousal support can raise questions both during a divorce and long after the court enters a final order. Below are answers to several common questions regarding the length, modification and enforcement of spousal support in Ohio.
Can I receive spousal support if I was only married for a short time?
Possibly. Ohio law does not require a minimum length of marriage before a court can award spousal support. However, the length of the marriage is one factor the court must consider. The judge will also review each spouse’s income, earning ability, health, retirement benefits and other relevant circumstances. In a shorter marriage, the court may award support for a limited period rather than for many years.
How long does spousal support last in Ohio?
Ohio does not set one standard time limit for spousal support. The court decides the duration based on the circumstances of the marriage and the factors set out under state law. A judge may order support for a specific number of months or years, while some longer marriages may justify support for longer periods of time. Unless the order states otherwise, spousal support will end if either party dies while it’s still in effect.
Under what circumstances can alimony be modified?
A court may modify spousal support when the original decree or separation agreement allows the court to keep jurisdiction over the amount or terms of support. The person requesting the change must generally show a substantial change in circumstances that makes the existing award no longer reasonable or appropriate. Changes may include a significant increase or decrease in income, living expenses or medical bills that the parties or court did not already consider when originally determining the award.
What happens if my ex-spouse stops paying alimony?
A former spouse should not simply ignore a court-ordered spousal support obligation. Ohio law allows the person entitled to support to bring a contempt action when the other party fails to pay. The court can hold a hearing, determine whether the paying spouse violated the order and take steps to enforce the unpaid obligation. An attorney can help the receiving spouse understand the available enforcement options and seek the payments required by the court order.
Learn More About Your Options
To learn more about how attorney Robert L. Caplan can best represent your interests in spousal support and alimony proceedings, please contact the law firm today by calling 614-252-2026.