What is alimony/spousal support?
In the State of Ohio, what was commonly referred to as alimony is called spousal support. Spousal support is any payment ordered by the court, in addition to property division and child support, that is intended to be for the support of the other spouse following divorce or dissolution.
Under what circumstances will spousal support be ordered?
Spousal support may be temporarily Ordered to be paid by one spouse to the other where the other spouse does not have enough money to support her/himself during the divorce proceedings. It may also be included in the Court Order ending the marriage in a monthly amount for a defined or indefinite term depending on several factors. Whether spousal support is reasonable and appropriate and if so, the amount and duration of such obligation, depends on a number of factors. These are very complex and involved decisions and whether you are the person who should be receiving or who may be paying spousal support, you will require an experienced and strong divorce attorney like John Heilbrun.
How do you determine if spousal support is to be paid and the amount and duration?
Like all issues that must be determined when a marriage is to be terminated, a decision as to whether alimony/spousal support shall be paid is one that can John encourages his clients to try and agree upon with her/his spouse. If the parties cannot agree however, then the Court will determine whether spousal support should be paid, and if so, how much and for how long after the end of the marriage. Included in the factors to be considered in determining whether spousal support is appropriate, and if it is, how much should be paid each month and how long the obligation should continue, are: the incomes and earning capacities of both spouses; the length of the marriage; the age and health of the spouses; each spouse’s education; limitations that may exist for one spouse to obtain work outside of the home because of parenting responsibilities; the standard of living the parties established during the marriage; the relative assets and liabilities of the parties; the contributions that either spouse made to the education, training or earning ability of the other; the lost income production capacity of either party that resulted from the marriage; and the time and expense necessary for the spouse who would be receiving spousal support to acquire education, training or job experience and/or employment.
Can spousal support be modified or terminated?
Spousal support can only be modified or terminated if such provisions are included in the terms of the Court Order establishing the obligation. In most cases, spousal support will be able to be modified if there is a substantial and involuntary future change in circumstances, such as a significant decrease in the income of the spouse ordered to pay spousal support. The usual grounds for termination of spousal support that are included in the Agreement or Court Order are the death of either spouse and the remarriage or cohabitation of the spouse receiving spousal support.
Why should I hire John Heilbrun for spousal support issues?
John Heilbrun has over 35 years of experience in representing clients in divorces and dissolutions. John has represented hundreds of clients who have been the recipients of spousal support, as well as hundreds of clients who have been obligated to pay spousal support. He knows what factors are most relevant and important in determining not only whether spousal support is appropriate in a particular case, but in determining the amount of the payment, as well as the duration of the payment. John is dedicated to obtaining the best possible outcome for his clients and he will work closely with you making sure your interest and needs are fully addressed in determining whether spousal support should be paid, and if so, how much and for how long.
If you have questions related to spousal support, please contact the Law Office of John Heilbrun to schedule an appointment.