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At Gaddy Family Law, we understand that spousal support and alimony matters can significantly impact your financial future and standard of living following a divorce or legal separation. With extensive experience in family law, our dedicated attorney Patricia Gaddy provides compassionate representation for clients navigating these challenging financial transitions throughout northwest Ohio.
Whether you’re seeking support, contesting a support request, or need to modify an existing order, our firm offers the knowledge, personal attention, and strategic advocacy necessary to protect your interests during this difficult time.
Spousal support (commonly called alimony) in Ohio refers to payments that one spouse may be ordered to make to the other during or after a divorce or legal separation. Unlike child support, which is determined by a standardized formula, spousal support is decided on a case-by-case basis. Ohio courts have significant discretion and consider many factors, including the length of the marriage, each spouse’s income and earning ability, age, health, and contributions to the marriage, such as homemaking or career sacrifices.
The purpose of spousal support is not to punish either spouse, but to provide financial assistance when appropriate. It may help a spouse work toward self-sufficiency, recognize contributions to the household, or support a spouse while they pursue education or job training. However, spousal support is not guaranteed in every case; it is only awarded if the court finds it reasonable and appropriate under Ohio law.
Spousal support in Ohio can be temporary or for a set period, and typically ends if the recipient remarries or either party passes away. Awards can sometimes be modified if the court’s order allows and there is a substantial change in circumstances. Either spouse may request support, but eligibility and the amount are determined by the court based on the specific facts of each case.
Ohio courts may award different types of spousal support based on your unique circumstances:
Ohio law does not use a specific formula for calculating spousal support. Awards are determined on a case-by-case basis, considering many factors such as the length of the marriage, income, earning ability, age, health, and contributions to the marriage. Spousal support is not guaranteed and is only awarded if the court finds it appropriate.
Ohio law provides specific guidance to courts when determining whether spousal support is appropriate, as well as the amount and duration of payments. Under Ohio Revised Code 3105.18, judges consider numerous factors, including:
Courts are required to consider all of these factors when making spousal support decisions, and no single factor is determinative. There is no set formula for spousal support in Ohio; each case is decided based on its unique circumstances
When you work with Gaddy Family Law and Mediation on spousal support matters, you benefit from thorough financial analysis, strategic advocacy, skilled negotiation, and strong courtroom representation when needed.
We carefully review all relevant financial details, including income now and in the future, marital and separate property, retirement benefits, real estate, debts, and liabilities. We also consider tax implications—most new support orders aren’t tax-deductible for the payer or taxable for the recipient—as well as health insurance and medical costs that may affect your finances.
Whether you’re requesting support or responding to a claim, we tailor our approach to your needs. For those seeking support, we help show financial need due to factors like reduced earning capacity, health issues, or sacrifices made for the family. For those paying support, we work to keep the outcome fair based on your income and other obligations.
Thanks to our mediation training, we help find creative solutions that work for both parties, reduce the need for litigation, and protect important relationships, especially when children are involved. We also focus on building clear agreements to help avoid future disputes.
If an agreement isn’t possible, we’re ready to represent you in court. We present the right evidence, challenge unfair requests, and argue your case based on the legal factors Ohio courts consider when deciding spousal support.
Every case is different. We’re here to guide you through the process and protect your interests under Ohio law.
Circumstances can change after divorce. Our firm assists clients with:
We help clients petition for modifications when substantial changes in circumstances warrant adjustments, such as:
Important: In Ohio, spousal support can only be modified if the original divorce decree or settlement agreement specifically states that the court retains jurisdiction to modify the order.
Additionally, the change in circumstances must be substantial, was not considered at the time of the original order, and must make the existing award no longer reasonable and appropriate.
Remarriage of the recipient spouse usually terminates spousal support. Cohabitation may be grounds for modification or termination, but it is not automatic and depends on the specific language in your decree and the court’s findings.
When a former spouse fails to pay court-ordered support, we help clients enforce their rights through:
If you’re facing divorce and have questions about spousal support – whether you anticipate paying or receiving it – contact Gaddy Family Law and Mediation today at (419) 260-1795 to schedule your initial consultation.
Patricia Gaddy helps people through some of the most challenging times in their lives with patience, understanding, and determined advocacy. She is committed to helping you navigate this difficult transition and securing the financial arrangements that will allow you to move forward with confidence.
Unlike child support, Ohio does not use a standardized formula for spousal support (alimony). Instead, courts must consider 14 statutory factors outlined in Ohio Revised Code 3105.18, such as income disparities, length of the marriage, standard of living during the marriage, and each spouse’s education and earning potential. Some counties may use informal guidelines as a starting point, but these are not binding and do not replace the judge’s discretion. Because the process is highly discretionary, having an experienced family law attorney is crucial to presenting the strongest case—whether you’re seeking support or contesting a request.
No. Ohio law is gender-neutral regarding spousal support. Either spouse may be ordered to pay support based on the relevant statutory factors, regardless of gender. Courts focus on economic factors such as income disparity, education, employment history, and contributions to the marriage—not gender.
The duration of spousal support varies widely and is determined on a case-by-case basis. There is no set formula or rule. For shorter marriages, support may be short-term or unnecessary. For medium-length marriages, support might be awarded for a period proportional to the marriage length. For longer marriages, especially where one spouse has limited earning capacity due to age, health, or significant time out of the workforce, longer-term or even indefinite support may be considered. However, so-called “permanent” support is rare and often ends upon remarriage, death, or as otherwise specified in the court order. The court will consider factors such as the recipient’s ability to become self-supporting, retirement considerations, and the overall financial circumstances of both parties.
Possibly. Spousal support can only be modified if the original divorce decree or settlement agreement specifically states that the court retains jurisdiction to modify the order. Without this reservation of jurisdiction, the court generally cannot modify the amount or duration of support. If modification is possible, there must also be a substantial change in circumstances that was not considered at the time of the original order. Examples include significant income changes, job loss, disability, serious illness, or retirement. An experienced family law attorney can help you determine if modification is possible in your case.
If your former spouse fails to make court-ordered spousal support payments, several enforcement options are available in Ohio. You can file a motion for contempt of court, which may result in penalties including fines, attorney fees, or even jail time in severe cases. The court may also order wage garnishment, property liens, or interception of tax refunds. Your attorney can help you pursue judgments for unpaid support amounts plus interest. These enforcement mechanisms apply whether the support was ordered as part of a divorce or legal separation.
Remarriage of the recipient spouse almost always terminates spousal support in Ohio. Cohabitation, however, does not automatically end support. Whether cohabitation is grounds for modification or termination depends on the specific language in your divorce decree and the facts of your case. Courts will examine the nature of the new relationship, shared finances, joint property ownership, and the extent to which the new partner contributes to the recipient’s expenses. If you believe cohabitation may affect your spousal support order, consult a family law attorney to review your options.
For divorce or separation agreements executed after December 31, 2018, spousal support payments are not tax-deductible for the payor and are not considered taxable income for the recipient. This change in federal law may impact negotiations and should be considered when determining support amounts. Consult both a family law attorney and a tax professional to understand how spousal support will affect your financial picture.
Ohio is a “no-fault” divorce state. Courts generally do not consider adultery or marital misconduct unless it has a direct financial impact—such as dissipation of marital assets or financial misconduct. Evidence of domestic violence may be relevant if it affects a spouse’s earning capacity or mental health. The court’s primary focus remains on the statutory factors that affect financial need and ability to pay.
Prenuptial agreements often contain provisions about spousal support. Ohio courts generally uphold valid prenuptial agreements, provided they were entered into voluntarily, with full financial disclosure, and are not unconscionable at the time of enforcement. However, changes in circumstances since the agreement was signed may affect how the court interprets or applies its provisions. Your attorney can review your prenuptial agreement and advise how it may impact your current situation.
Yes. Ohio courts can award temporary spousal support while your divorce is pending. This temporary support helps maintain financial stability until the final divorce decree is issued. The court will consider factors such as each spouse’s income, necessary living expenses, and the standard of living established during the marriage. Temporary orders can address immediate financial concerns like mortgage payments, health insurance, and other essential expenses.
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.