When couples in West Chester, Ohio, decide to dissolve their marriage, spousal support often becomes a significant topic of discussion. Unlike a contested divorce where a judge decides the terms of support, a dissolution requires mutual agreement between both spouses, and any spousal support arrangement must be agreed upon before the court approves the dissolution. Here’s what you need to know about spousal support in Ohio and how it plays into the dissolution process.
What is Spousal Support?
Spousal support, or alimony, comes in several forms, depending on the couple’s circumstances and what is necessary to help one spouse maintain a stable financial footing after the marriage ends. Temporary spousal support is meant to provide financial help during the legal process of dissolution. This type of support is designed to assist the lower-earning spouse with immediate living expenses while the dissolution is being finalized. It stops once the legal proceedings are over and the court approves the final dissolution agreement.
Rehabilitative spousal support is more focused on the long-term goal of helping one spouse become self-sufficient. If a spouse needs time and resources to gain job skills, finish their education, or otherwise improve their earning potential, rehabilitative support is used. It is temporary but lasts longer than the dissolution process itself, continuing until the receiving spouse reaches financial independence, which could take months or years, depending on the situation.
Permanent spousal support is rare and usually only applies in cases where one spouse cannot become financially independent due to significant reasons like age, illness, or disability. In these cases, the spouse may receive support indefinitely or until there is a significant change in circumstances, such as remarriage or the death of either spouse. This type of support is often considered when a spouse has been out of the workforce for an extended period or has no realistic prospects of becoming self-supporting.
Each of these types of spousal support serves a different purpose, and which one is issued will depend heavily on the specifics of the couple’s situation. The length of the marriage, the financial situation of both spouses, and their individual needs moving forward, will all be considered when issuing alimony.
Spousal Support in a Dissolution vs. Divorce
In a dissolution, spousal support isn’t automatically granted by the court. It must be agreed upon by both parties and included in the separation agreement, which is an important part of the dissolution process. Once both spouses agree on all terms, including spousal support, the agreement is submitted to the court, and it becomes part of the dissolution agreement.
In a contested divorce, on the other hand, if the spouses cannot reach an agreement on spousal support, the court steps in to determine the terms based on factors such as the length of the marriage, each spouse’s income, their respective earning capacities, and the standard of living during the marriage.
In Ohio, there aren’t specific formulas or strict guidelines for calculating spousal support, unlike child support. Instead, courts look at the following factors to determine what’s fair for both spouses. These factors help the court decide whether spousal support is necessary and, if so, how much and for how long.
The length of the marriage plays a major role. Generally, the longer the marriage, the more likely spousal support will be granted and for a longer period of time. This is because, in long-term marriages, one spouse may have become more financially dependent on the other.
Another important factor is each spouse’s income and earning ability. The court examines the current income of both spouses, as well as their future earning potential. If one spouse has significantly fewer resources or the ability to earn, spousal support may be awarded to help balance that gap.
The age and health of both spouses are also taken into account. If one spouse is older or has health issues that limit their ability to work, this can increase the likelihood of receiving support.
Courts also consider contributions to the marriage. This includes both financial contributions, such as a spouse’s income, and non-financial contributions, like raising children or supporting the other spouse’s career. Even if a spouse didn’t directly earn income, their role in the marriage is recognized.
Finally, the standard of living established during the marriage is considered. While it may not always be possible to maintain the exact same lifestyle after a dissolution, the court aims to help both parties maintain a reasonable standard of living that reflects what they experienced during the marriage.
Reaching a Spousal Support Agreement in a Dissolution
Since spousal support is not automatically granted in a dissolution, both parties must come to an agreement. This agreement is part of the larger separation agreement, which outlines the division of assets, debts, and any arrangements for spousal support and child custody (if applicable). Once both spouses agree on the terms, they submit the separation agreement to the court for approval.
This process requires open communication and negotiation. Both parties must agree on the amount of support, the duration of payments, and any contingencies, such as the paying spouse’s retirement or remarriage. If one spouse is hesitant about agreeing to support, a compromise may need to be reached.
Why Legal Guidance is Important
Negotiating spousal support during a dissolution requires careful consideration of each spouse’s financial situation and long-term needs. Drafting a spousal support agreement that’s both fair and enforceable is complex and requires meeting Ohio’s legal standards. Without a proper legal framework, disputes may arise down the road, leading to costly court proceedings or changes to the support arrangement.
At Garretson & Holcomb, LLC, we understand that the dissolution process can be emotionally and financially challenging. Our experienced team is dedicated to helping couples in West Chester, Ohio, reach fair spousal support agreements that protect both parties’ interests. Whether you’re negotiating spousal support or drafting a separation agreement, we can guide you through every step of the process.
If you’re considering dissolution and want to know more about your options for spousal support, call us at (513) 863-6600 to schedule a consultation. We’ll work with you to ensure that your rights are protected and that you leave the marriage in the best financial position possible.
