Going through a divorce is tough, especially from a financial standpoint. When you are dealing with the emotional implications of a split, you have enough to worry about without throwing money into the mix. However, for many couples, it is important to consider how their income will change after the divorce. Spouses who shared unequal incomes or earning capacities may request spousal support payments. Although spousal support is not present in every divorce, it is common. If your spouse was the main breadwinner in your home, obtaining support payments may be necessary for your livelihood. However, if your spouse is asking that you pay spousal support, sometimes those payments can be unfair.
If you need help requesting or paying spousal support, our firm can help. At Moermond & Mulligan, LLC, our compassionate family law attorneys understand the issues that come with divorce. We know how difficult this time can be, which is why we want to help make the process as simple and quick as possible. Our skilled divorce lawyers will protect your interests and help you fight to secure the spousal support agreement you require.
Call our Dayton spousal support lawyers at (937) 228-9790 to request a free consultation.
About Spousal Support in Ohio
Spousal support is an arranged set of payments made from one spouse to another after a divorce. Usually, these payments occur once a month at a set amount and continue until either person’s circumstances change. The intent of spousal support is to supply the lesser earning spouse with the income he or she requires to sustain the same standard of living enjoyed during the marriage. Some couples may be able to negotiate the amount and duration of the payments on their own, but many rely on the court to make the final order.
How Ohio Courts Determine Spousal Support
Ohio courts will consider several factors before deciding on court-ordered spousal support payments. First, the court will assume that both spouses contributed equally to the marriage, either by taking care of the home, the children, or by working.
The court will also consider:
- The earning capacity of each spouse
- Each spouse’s income
- The individual assets and debts of each spouse
- The duration of the marriage
- The ages of either spouse
- Each spouse’s physical and mental health
- The standard of living during the marriage
- Which spouse acted as primary caregiver to their children during the marriage
The court may also consider other ways in which each spouse contributed to the marriage, especially if those contributions affecting either spouse’s earning capacity. For example, if one spouse supported the other while he or she earned a degree, or if one spouse stayed home to raise children and forfeited an education of his or her own.
Alimony vs. Spousal Support in Ohio: What’s the Difference?
People in Ohio may refer to both alimony and spousal support when discussing financial payments that a person makes to their ex-spouse following divorce. But how do alimony and spousal support differ from one another? Ohio law recognizes no distinction between alimony and spousal support. However, the law specifically uses the term “spousal support” instead of alimony. Thus, legal briefs and court orders in divorce cases will use the term spousal support almost exclusively. However, attorneys and judges may use the term alimony when speaking with litigants, as some people have more familiarity with that term and may not understand the lack of difference between alimony and spousal support.
How Long Do You Have to Pay Spousal Support in Ohio?
In Ohio, spousal support comes in two forms: temporary and permanent. A court may order temporary spousal support after a couple files for divorce. Temporary spousal support continues until the end of the divorce case unless the court terminates it earlier due to changed circumstances. A divorce decree may award a party permanent spousal support. However, despite its name, permanent spousal support does not last for the rest of a party’s life. Instead, the term “permanent” refers to the fact that the spousal support obligation continues after the marriage ends via the divorce decree. Courts will order permanent spousal support to last for a specific number of years.
Ohio law does not impose a fixed term on a spousal support obligation. Instead, the law gives courts the authority to determine the duration of a spousal support obligation. Courts must consider various factors when determining the duration, amount, nature, and terms of payment under a spousal support obligation, including:
- The income of each party from all sources, including income derived from property divided in divorce
- The relative earning capacity of each party
- The ages and physical, mental, and emotional condition of each party
- Each party’s retirement benefits or assets
- The duration of the marriage
- The extent to which either spouse cannot seek employment outside the home due to an obligation to care for a minor child of the marriage
- The standard of living established by the parties during their marriage
- The relative extent of education of each party
- The relative assets and liabilities of the parties, including any court-ordered payments made by the parties
- The contribution of each party to the education, training, or earning ability of the other party, including contribution to the other party’s obtaining of a professional degree
- The time and expense necessary for the party seeking spousal support to obtain education, training, or job experience to qualify them to obtain appropriate employment to support themselves financially
- The tax consequences of an award of spousal support
- The lost earning capacity of either party resulting from their marital responsibilities
- Any other factor the court finds relevant and equitable
Furthermore, the law imposes a presumption that each party contributed equally to the production of marital income.
A spousal support obligation lasts as long as the court’s order requires. However, a spousal support obligation will terminate upon either party’s death unless the spousal support order provides otherwise.
A divorcing couple can negotiate a spousal support obligation as part of a divorce settlement, which they can request to have incorporated into the court’s divorce decree. Thus, a couple may agree to a specific duration for their spousal support obligation.
Can Spousal Support Be Modified or Terminated in Ohio?
A party may seek to modify or terminate a spousal support obligation in Ohio under certain circumstances. The ability to modify or terminate a spousal support obligation will depend on the source of the obligation. When a couple negotiates a spousal support obligation as part of a divorce settlement, their settlement agreement may establish the terms under which either party can request to modify or terminate the obligation. Furthermore, under state law, a court does not have jurisdiction to modify or terminate a spousal support obligation unless the court determines that the circumstances of either party have changed and at least one of the following circumstances apply:
- The parties negotiated a divorce or separation agreement incorporated into the divorce decree that specifically authorizes the court to modify or terminate spousal support
- The divorce decree contains a provision that specifically authorizes the court to modify or terminate spousal support
A change in circumstances warranting modification or termination of spousal support can include an increase or involuntary decrease of a party’s income, living expenses, or medical expenses. Furthermore, a qualifying change in circumstances must also make the existing spousal support obligation no longer reasonable and appropriate, and the parties and the court must not have accounted for the changed circumstances when establishing or last modifying the spousal support obligation regardless of whether the parties and the court could have foreseen the changed circumstances.
Upon finding qualifying changed circumstances, the court will reevaluate the same factors used to determine an initial spousal support obligation.
Local Insights and Resources on Spousal Support in Dayton, Ohio
According to the Census Bureau, only 24.1 percent of family households in Dayton had married couples. Nearly 30 percent of family households had a male head with no spouse present, while 36.5 percent had a female head of household with no spouse present. Furthermore, 15.1 percent of male residents of Dayton were divorced, while another 2.5 percent of men were separated. Approximately 16 percent of female residents of Dayton were divorced, while 3.3 percent of women were separated. As a result, significant portions of Dayton’s population include divorced or separated individuals.
Dayton has a median household income of $45,995, compared to the statewide median income in Ohio of $67,769. Family households in Dayton had a median household income of $62,266, while married-couple family households had a median household income of $80,152. These figures reflect the economic challenges that many Dayton families face, especially when married couples divorce. The difference in household income between non-married family households and married-couple family households makes spousal support a critical issue to resolve in many divorce cases in Dayton.
The Montgomery County Domestic Relations Court can provide divorcing couples with resources to help them understand the legal issues surrounding spousal support. However, obtaining legal representation can best protect your rights and financial interests during divorce. The legal team at Moermond & Mulligan, LLC has extensive experience and insights into the local dynamics that many families and divorcing couples in Dayton must navigate. Our firm can help you seek a fair and favorable resolution when your divorce case involves a question of spousal support. A Dayton divorce lawyer from our legal team can guide you through a court case when you want to establish a spousal support order in your divorce case, modify an existing obligation, or challenge your spousal support obligation.
As you work through the process of resolving issues surrounding spousal support, keep in mind that you have numerous options for support in the local community. Non-profit and legal aid services organizations in the Dayton metro area can provide information regarding your rights regarding spousal support.
Montgomery County Domestic Relations Court
In Dayton, the Montgomery County Domestic Relations Court, located at 301 West Third Street in Dayton, handles spousal support cases during divorce proceedings or following petitions to modify, terminate, or enforce existing spousal support obligations. The court offers numerous services to litigants, including parties represented by attorneys and self-represented parties. For example, the court has partnered with the Dayton Bar Association’s Volunteer Lawyer’s Project to provide volunteer lawyer assistance to self-represented parties, allowing those parties to ask lawyers questions about completing court documents, presenting evidence, or questioning witnesses during hearings. The court also connects with legal aid clinics that can provide pro bono legal representation to indigent parties. The court’s Mediation Department provides mediation services to parties who want to resolve matters such as spousal support during divorce cases or post-divorce; judges may refer cases to the Mediation Department, or parties can request mediation services.
Although the court does not require parties to have legal counsel to litigate spousal support issues, every party appearing before the court must comply with court rules and procedures. Thus, the court encourages every party to obtain legal representation from an experienced Ohio family law attorney. The legal team at Moermond & Mulligan, LLC can help you navigate the complexities of your spousal support case in the Montgomery County Domestic Relations Court. A spousal support attorney in Dayton from our legal team can assist you by carefully reviewing the facts and circumstances of your case to help you understand your rights and legal options, preparing you for what to expect during hearings to determine spousal support, and advocating for your interests in the Montgomery County Domestic Relations Court.
Spousal support may become one of the most important issues in your divorce or post-decree case. However, you don’t have to navigate the legal process in the Montgomery County Domestic Relations Court alone. Let a Dayton family lawyer from Moermond & Mulligan, LLC help you protect your financial rights and interests.
Contact a Dayton Spousal Support Attorney Today
If you are going through a divorce, our Dayton spousal support lawyers can help you with your spousal support wishes. We can assess your current situation and help create a case that benefits you and your family. If you are also facing criminal charges in connection with your family matters, we can connect you with our Dayton criminal defense lawyers for the help you need.
Contact Moermond & Mulligan, LLC to get started on your case today by calling our Dayton spousal support attorneys at (937) 228-9790.
Last Updated: 05-05-2025