Spousal support — commonly called alimony — is one of the most contested issues in Ohio divorce cases. Unlike child support, there is no formula. Courts have broad discretion, and the outcome depends heavily on how the facts are presented. At Zukerman, Lear, Murray & Brown Co., LPA, our Cleveland spousal support attorneys represent both payors and recipients, ensuring support awards reflect the true financial picture of the marriage.
Under ORC § 3105.18, Ohio courts consider fourteen statutory factors when determining whether to award spousal support and in what amount and duration. The key factors include: the income and earning ability of each spouse; the ages and physical, mental, and emotional conditions of the spouses; the retirement benefits of each spouse; the duration of the marriage; the standard of living established during the marriage; the education and training of each spouse; the relative assets and liabilities; the contribution of each spouse to the education, training, or earning ability of the other; the tax consequences; and the lost income capacity of either spouse resulting from marital responsibilities.
Courts also consider whether it would be appropriate for a spouse to seek employment outside the home and, if so, the time and expense necessary to acquire education or training to make that spouse self-supporting at a standard of living reasonably comparable to that during the marriage.
Temporary support is ordered during the pendency of divorce litigation to maintain the financial status quo. Transitional support is short-term post-decree support intended to help a spouse become self-sufficient. Indefinite support — sometimes called permanent alimony — is awarded in longer marriages where one spouse cannot reasonably become self-sufficient due to age, health, or other factors. Lump sum support is a one-time payment rather than periodic payments.
Whether a spousal support order can be modified depends on the terms of the decree. Under ORC § 3105.18(E), courts retain jurisdiction to modify support unless the decree specifically states that support is not modifiable. If modifiability is retained, either party can seek modification upon a substantial change in circumstances — such as a significant change in income, remarriage of the recipient, or serious illness. If the decree is silent on modifiability, the court retains jurisdiction by default.
In cases involving business owners, self-employed spouses, or executives with complex compensation structures, a key challenge is accurately establishing income. Bonuses, deferred compensation, stock options, business perks, and distributions may not appear on a W-2. Our attorneys use financial experts and forensic accountants when necessary to ensure income is fully and accurately captured in support proceedings.
Call (216) 696-0900 or contact us online to speak with a Cleveland spousal support attorney.
Related: Divorce | Property Division | Modification | Family Law Overview