Spousal Support

Columbus and Delaware, Ohio Spousal Support Attorney

If spousal support will be an issue in your divorce in Columbus or Delaware, Ohio, contact Johnson Legal, LLC and speak with an experienced Columbus and Delaware, Ohio divorce attorney. Attorney David Johnson of Johnson Legal, LLC will discuss your case and assist you in arguing for or against spousal support as part of your divorce case. Call Johnson Legal, LLC at (614) 987-0192 or send an email to schedule a consultation regarding your spousal support matter.

Spousal Support (Alimony) in Ohio

Of the myriad of issues that need to be considered during a divorce, such as child custody, child support, and property division, spousal support (also known as “alimony) can be the most challenging due to the level of discretion given to the court.

When one spouse has been dependent on the other during the marriage, spousal support is a mechanism to address the needs of the now soon-to-be financially independent individual.

While there are statutory factors to be considered in Ohio, there are no statutory guidelines like in child support. Moreover, it is generally disfavored by many courts. Thus, spousal support is actually a subjective aspect of divorce. It may be for a definite period of time, and may be modified or terminated on the occurrence of a future event, such as the party receiving spousal support remarrying. However, to be modifiable, specific language must be included in the court order.

Having an experienced divorce attorney can assist you in navigating spousal support, including identifying your needs and obligations after the marriage ends, consideration of the tax effects of receiving or paying spousal support, and effectively arguing to the court that either spousal support should be granted or denied.

Moreover, some spouses attempt to hide assets or income to shield them from the divorce process. Attorney David Johnson will assist you in protecting your rights through the discovery process, such as requests for documents, requests for admissions, interrogatories, depositions and subpoenas to both individuals and entities that may have relevant information necessary to protect your rights.

Factors Considered in Ohio for Spousal Support

In determining whether to award spousal support, and the nature, amount and duration of spousal support, the court can consider the following factors:

  • The income of the parties;
  • Relative earning abilities of the parties;
  • The ages and physical, mental and emotional status of the parties;
  • Retirement benefits of the parties;
  • Duration of the marriage;
  • Whether a party who is a custodian of a minor child can seek employment;
  • Standard of living of the parties during the marriage;
  • Education of the parties;
  • Assets and liabilities of the parties, including any court-ordered payments by the parties;
  • Contribution by either party to the education, training or earning ability of the other party
  • Time and expenses necessary for the spouse seeking spousal support to acquire education or training necessary to secure employment;
  • Tax consequences for each party if spousal support is awarded;
  • Lost income capacity of either party resulting from marital responsibilities; and
  • Any other factor the courts finds relevant and equitable.

These factors, which are provided pursuant to R.C. 3105.18, are numerous and complicated. Moreover, many of the factors to be considered are subjective in nature and the assistance of an experienced divorce attorney is necessary to successfully navigate them.

Tax Issues for Spousal Support

Unlike child support, which is not subject to income tax and is neither deductible nor declarable income, spousal support is deductible for the payor and is included as income for the payee. While this is an issue in all divorces, it is particular important for high income and significant asset divorces, where significant negotiations may be necessary to determine an equitable solution and attempt to keep as much money between the parties and not subject to taxation by the IRS.

Spousal Support Attorney – Columbus and Delaware, Ohio

If spousal support will be an issue in your divorce in Columbus or Delaware, Ohio, contact Johnson Legal, LLC and speak with an experienced Columbus and Delaware, Ohio divorce attorney. Attorney David Johnson of Johnson Legal, LLC will discuss your case and assist you in arguing for or against spousal support as part of your divorce case. Call Johnson Legal, LLC at (614) 987-0192 or send an email to schedule a consultation regarding your spousal support matter.