What is alimony?
In the state of Ohio, what was commonly referred to as alimony is now 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 one spouse who does not have enough money to support her/himself during the divorce proceedings. It may also be included in the Decree ending the marriage 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 will be paying alimony, you will require an experienced and strong divorce attorney like John Heilbrun.
How do you determine if spousal 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 be decided by agreement between the parties. John Heilbrun encourages his clients to try and agree upon spousal support. If the parties cannot agree however, then the Court will determine whether the spousal support should be paid by one spouse to the other, and if so, how much and for how long after the end of the marriage. Among the factors to be considered in determining whether spousal support is appropriate and if so how much and for how long, are the incomes and earning capacities of the spouses; the length of the marriage; the age and health of the spouses; each spouse’s education; limitations that may exist on one spouses ability to obtain work outside of the home because of parenting responsibilities; the standard of living that the parties established during the marriage; the relative assets and liabilities of the parties; the contribution 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 is seeking spousal support to acquire education training or job experience and/or employment.
Can spousal support be modified?
Spousal support can only be modified or terminated if such provisions are included in the terms of the Court Order establishing the obligation. If such provisions are included, spousal support will generally only be modified if there is a substantial change in circumstances. The grounds for termination usually are the death of either spouse, remarriage or cohabitation of the spouse receiving spousal support or a substantial involuntary decrease in the income of the spouse paying the spousal support.
Why should I hire John Heilbrun for spousal support issues?
Ohio lawyer John Heilbrun has over 35 years of experience in family law. Having worked with clients from all walks of life in spousal support cases, John knows exactly what the court is looking for to make its decision. Dedicated to the best possible outcome for his clients, John will work closely with you, making sure your needs are a top consideration in all spousal support hearings.
If you have questions about spousal support, please contact the Law Office of John Heilbrun to schedule an appointment.