Couples enter a marriage believing it will last for the rest of their lives. Each contributes different things to the marriage and the home, based on what they need as a couple. They build a life together, not separately.
If the marriage ends, the issue of alimony, also referred to as “spousal support,” can be complicated, contentious, and stressful. While divorce is the end of a marriage, it is also the beginning of a new chapter of your life.
If you are considering filing for divorce, have started the process, or have been served divorce papers, Heckert & Moreland Co., LPA can help you navigate spousal support. Using our experience and resources, we offer comprehensive representation in all matters of divorce and alimony. We proudly represent clients in Columbus, Ohio as well as neighboring communities throughout Central Ohio. Call us today for a consultation.
Alimony is a court-ordered payment one spouse pays the other during the divorce process or for a period after the divorce is final. Who pays alimony, if either spouse, depends on income and resources, not gender. According to MarketWatch, 45% of matrimonial attorneys in a 2018 survey noted an increase in women paying alimony.
There are two types of spousal support in Ohio:
Support ends upon the death of the paying spouse or by court order. It also typically ends upon the remarriage or cohabitation of the receiving spouse.
A spouse must demonstrate the need for alimony, and the other spouse must have the financial ability to pay it. Although the court may award alimony to a spouse in a brief marriage, it is more likely to be awarded in longer-term marriages.
The court begins deliberations regarding spousal support with the assumption that both spouses contributed equally to the marriage. Perhaps that means that one earned an income outside of the home while the other stayed home and raised children. The court then considers several factors in determining alimony:
If the requesting spouse can demonstrate to the court a significant change in circumstances, the court can elect to revisit the spousal support order. Changing circumstances would include issues such as disability or illness, income loss, or an increase in living expenses.
The divorce decree could contain a provision for the court to revisit alimony at a certain time, regardless of whether circumstances have changed.
In divorce cases settled after January 1, 2019, the taxpayer is no longer able to deduct alimony payments from their income taxes, and the recipient is no longer required to report the spousal support as income.
If you are considering divorce or are somewhere in the process, the attorneys with Heckert & Moreland Co., LPA can help. Mr. Heckert, Mr. Moreland, and Mrs. McMillin-Creter bring more than 45 years of combined experience to clients in Columbus and Central Ohio navigating spousal support issues during divorce. Call our office today to schedule a consultation. Your future might depend on having the right answers about alimony.