Understanding Temporary vs. Permanent Spousal Support
Divorce can be an emotional and challenging process, especially when financial support is involved. For many individuals, spousal support is a critical aspect of the divorce proceedings, particularly if one spouse has been financially dependent on the other during the marriage.
Spousal support may be awarded in the form of temporary or permanent support, depending on the circumstances.
As a law firm experienced in family law matters, we at Heckert & Associates Co., LPA understand how important it is to comprehend the differences between these two types of support and how they apply in Ohio divorce cases.
Here, we will explore the key distinctions between temporary and permanent spousal support under Ohio law, the factors the court considers when awarding spousal support, and what you can expect if you are seeking or contesting spousal support in your divorce.
What Is Spousal Support?
Spousal support, sometimes referred to as alimony, is financial assistance paid by one spouse to the other after a divorce or legal separation.
Unlike child support, which is meant to support the children of the marriage, spousal support is intended to help a spouse maintain a standard of living similar to what they were accustomed to during the marriage.
It is often awarded when one spouse has a significantly higher income or when one spouse has sacrificed their own career or earning potential for the benefit of the family.
Spousal support is not automatically awarded in every divorce. The court evaluates the circumstances of each case to determine whether support is appropriate and, if so, how much and for how long it should be awarded.
Temporary Spousal Support
Temporary spousal support is financial assistance awarded during the divorce proceedings. As the name implies, it is designed to be a short-term solution to provide financial relief to the lower-earning spouse while the divorce process is ongoing.
The court may order temporary spousal support while the divorce is pending, typically until the divorce is finalized and permanent spousal support can be considered.
The purpose of temporary spousal support is to maintain financial stability for the spouse who may be at a disadvantage during the divorce.
For example, if one spouse has been a stay-at-home parent or has not been employed outside the home for a long time, temporary support can help them maintain their quality of life while the divorce is pending.
Additionally, temporary spousal support can provide the lower-earning spouse with the necessary resources to pursue legal representation and cover other expenses related to the divorce.
In Ohio, temporary spousal support is typically requested by the spouse seeking support at the beginning of the divorce process. The court will consider several factors when determining whether temporary support is appropriate. These factors may include:
The income and financial resources of both spouses.
The length of the marriage and whether there are any children involved.
The standard of living during the marriage.
The earning potential and employability of the spouse seeking support.
Temporary spousal support is generally intended to be a short-term measure. Once the divorce is finalized and a permanent spousal support order is issued (if applicable), the temporary support may end, though modifications can be made under certain circumstances.
Permanent Spousal Support
Permanent spousal support, on the other hand, is awarded when the divorce is finalized and is intended to provide long-term financial assistance to one spouse. It is important to note that "permanent" does not necessarily mean lifelong support. Permanent spousal support is a long-term or indefinite award that is typically based on the circumstances at the time of the divorce.
In some cases, the support may be modified or terminated if there is a significant change in either spouse’s financial situation or other relevant factors.
Permanent spousal support may be appropriate in situations where one spouse is unable to support themselves financially after the divorce. This may be due to factors such as:
A significant difference in income or earning potential between the spouses.
One spouse’s inability to work due to illness or disability.
A spouse who has been out of the workforce for an extended period and may need additional time to re-enter the job market.
A spouse who has significant caregiving responsibilities, such as raising young children or caring for an elderly family member.
The court in Ohio will consider various factors when deciding whether to award permanent spousal support. Some of the key factors considered under Ohio family law include:
The income and property of both spouses.
The length of the marriage.
The standard of living during the marriage.
The relative earning abilities of both spouses.
The age, physical, and emotional condition of both spouses.
The contribution of each spouse to the marriage, including homemaking and raising children.
Any other relevant factors the court deems appropriate.
Unlike temporary spousal support, permanent support is generally intended to address long-term financial needs. However, permanent support can be modified or terminated if either spouse experiences a substantial change in circumstances.
For example, if the spouse receiving support remarries or becomes financially independent, the paying spouse may request a modification of the support order. Similarly, if the paying spouse experiences a significant reduction in income or a disability, they may request a reduction in the support amount.
The Process of Awarding Spousal Support in Ohio
When a court is determining whether to award spousal support in a divorce case, several steps are involved. Both spouses are required to disclose their income, assets, and liabilities during the divorce process. This information helps the court determine each spouse's financial situation and whether spousal support is warranted.
The court may also request additional documentation or information, such as tax returns, pay stubs, or other financial records, to help assess the financial needs of the spouse seeking support.
In many cases, the spouses may negotiate spousal support as part of a settlement agreement. If the spouses can reach an agreement on the amount and duration of support, the court will generally approve the agreement and issue an order.
If the spouses cannot reach an agreement, the court will make the decision based on the factors mentioned above.
If you are seeking or contesting spousal support, it is important to consult with an experienced Ohio family law attorney. An attorney can help you understand your rights, assist with gathering the necessary financial documentation, and represent your interests in court.
Modification and Termination of Spousal Support
Whether temporary or permanent, spousal support orders in Ohio are not necessarily set in stone. Both temporary and permanent support may be modified or terminated under certain circumstances.
Ohio family law allows for modifications to spousal support if there has been a substantial change in the circumstances of either spouse. Examples of situations that may warrant modification include:
A significant increase or decrease in income.
A change in the health of either spouse, particularly if one spouse becomes unable to work or experiences a significant change in medical expenses.
The remarriage of the spouse receiving support.
The paying spouse’s retirement or other significant life changes.
To modify or terminate a spousal support order, a motion must be filed with the court. The court will review the circumstances and decide whether a modification is appropriate based on the facts presented.
The Importance of Family Law in Spousal Support Cases
Family law is a critical area of legal practice when it comes to divorce and spousal support. Understanding the legal framework that governs spousal support in Ohio can help individuals make informed decisions about their financial future and confirm that their rights are protected.
Whether you are seeking temporary spousal support during your divorce or pursuing a permanent award, it is important to have experienced legal representation on your side.
At Heckert & Moreland Co. LPA, we are dedicated to helping individuals and families resolve family law issues, including spousal support, in a fair and equitable manner.
We understand the emotional and financial challenges that come with divorce and spousal support, and we are here to guide you through the process with compassion and professionalism. If you are facing a divorce and have questions about spousal support or need assistance with your case, please contact us today for a consultation.
The Next Steps
At Heckert & Associates Co., LPA, we are here to help you through spousal support under Ohio family law and to advocate for your best interests. We’re proud to serve Columbus and throughout Central Ohio. Call today.