The purpose of spousal support, sometimes referred to as alimony, is for the higher wage earner to pay an amount to the other spouse to help them achieve financial stability after the divorce or dissolution is over. Sometimes people believe it is for the husband to pay to the wife, but it is for the spouse that makes substantially more to pay to the other spouse. If there is not a substantial difference in incomes, spousal support may not be paid.

Spousal support may be considered on a temporary basis, and/or on a permanent basis. On a temporary basis the goal is to maintain the status quo, and to make sure the mortgage and other bills are paid during the time of transition. The temporary support payment may be different than the permanent spousal support payment.

Permanent spousal support is the support paid once the divorce or dissolution is finalized. The duration of support has to be determined, as well as the amount. The amount can be based on many factors, which are outlined in the Ohio Revised Code. The court considers the standard of living established during the marriage, the length of the marriage, as well as the incomes and earning ability of the spouses. Bonuses, commissions, and overtime pay can be considered in a few different ways.

There was a time when some judges would use spousal support to equalize the incomes of the spouses, but most judges no longer do that. Different counties will calculate spousal support differently, and each judge within a county will calculate it differently.

The court will sometimes consider the debt of the spouses, but they usually do not consider the expenses of the spouses. Sometimes in mediation people will consider their expenses because they have certain goals they would like to achieve, such as one spouse being able to retain the house for the sake of the children. People are free to deviate from what a court would do, but they both have to agree to do so. People usually have more flexibility to customize the terms when they negotiate or utilize mediation.

Spousal support may be paid as a lump sum payment from the assets of the spouses, such as equity in a house, retirement assets, or money in a savings account. Or support may be paid in periodic payments.

A determination also has to be made as to whether spousal support can be modified, and under what conditions it may be terminated. This is important. Some people want an amount they can count on. Other people want it subject to modification in case they lose their job or they become sick and cannot work.

Every family is different, every case is unique. All relevant information is considered. As an attorney I will advocate that the amount of spousal support fairly represents your economic needs and your contribution to the marriage. As a mediator, I assist both spouses in achieving an amount of support that they both consider to be fair.

Call me at 440.724.3197 or click here to email me. I can also assist you with other questions, such as how to start a divorce or dissolution, how much a dissolution or divorce costs, and how long a dissolution or divorce takes.

Laurie Malone is a divorce and family law attorney located in Independence, Ohio, serving all of greater Cleveland in Cuyahoga, Summit, Lorain, Lake, Portage, and Geauga counties.