Alimony Attorneys
in Columbus, Ohio

Determination of Type,
Amount, and Duration

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:

• The income of the parties, from all sources, including, but not limited to, income derived from property division during divorce;
• The relative earning abilities of the parties;
• The ages and the physical, mental, and emotional conditions of the parties;
• The retirement benefits of the parties;
• The duration of the marriage;
• The extent to which it would be inappropriate for a party, because that party will be the custodian of a minor child of the marriage, to seek employment outside the home;
• The standard of living of the parties established during the marriage;
• The relative extent of education of the parties;
• The relative assets and liabilities of the parties, including but not limited to any court-ordered payments by the parties;
• The contribution of each party to the education, training, or earning ability of the other party, including, but not limited to, any party's contribution to the acquisition of a professional degree of the other party;
• The time and expense necessary for the spouse who is seeking spousal support to acquire education, training, or job experience so that the spouse will be qualified to obtain appropriate employment, provided the education, training, or job experience, and employment is, in fact, sought;
• The tax consequences, for each party, of an award of spousal support;
• The lost income production capacity of either party that resulted from that party's marital responsibilities;
• Any other factor that the court expressly finds to be relevant and equitable.

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.

Tax Laws Addressing Alimony

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.