Spousal support—also known as alimony or spousal maintenance—is one of the most common concerns in divorce cases. At Mizak & Pacetti, our Parma, Ohio divorce attorneys help clients understand how Ohio’s domestic courts determine spousal support, including who pays, how much, and for how long.

How Does Ohio Law Determine Spousal Support?

Spousal support in Ohio is governed by Ohio Revised Code § 3105.18. Courts have broad discretion when deciding whether to award spousal support, how much to award, and for how long. Key factors include:

✔ Income of both parties – Including salaries, investments, and other sources.
✔ Earning potential – Whether one spouse can earn more with education or training.
✔ Age and health – Physical and emotional ability to work.
✔ Marriage length – Longer marriages often lead to longer spousal support awards.
✔ Standard of living – The lifestyle the couple maintained during the marriage.
✔ Other relevant factors – The court can consider any factor it deems fair.

Will Spousal Support Be Awarded in My Divorce?

Spousal support is not automatically granted in every divorce. Courts are more likely to award it if:

• The marriage lasted a significant number of years.
• One spouse earns substantially more than the other.
• A spouse has limited job opportunities due to child-rearing or other responsibilities.

If the marriage was short and both parties have similar incomes, spousal support may not be awarded.

How Long Does Spousal Support Last?

There is no fixed formula for determining spousal support duration in Ohio, but courts often order it for a fraction of the length of the marriage.

📌 Key points to know:

• Spousal support typically ends upon the death or remarriage of the receiving spouse.
• Long-term marriages may result in longer support durations.
• Monthly payments are the most common, though lump-sum payments are possible.

How Much Spousal Support Will Be Paid?

Just like the duration, there’s no set formula for the amount of spousal support. Courts consider:

💰 Income gap – A larger gap may result in higher payments.
🏡 Lifestyle – If the couple lived a luxurious lifestyle, support may reflect that.
📉 Earning capacity – If one spouse sacrificed career growth, support may be higher.

Ohio courts do not require equalizing incomes but often aim to reduce financial disparity between spouses.

Can Spousal Support Be Permanent?

Lifetime spousal support is rare but may be granted in cases where:

• The marriage lasted several decades.
• The couple was married throughout their working years and into retirement.
• One spouse did not work to raise children.

However, permanent spousal support is unlikely if both parties are still working and expect their incomes to increase.

Have Questions About Spousal Support? Contact Us Today.

If you’re considering divorce or dissolution and have concerns about spousal support, our Parma, Ohio divorce attorneys can help. Schedule a free consultation with Mizak & Pacetti, LLC today to discuss your case.

Spousal Support in Ohio: Frequently Asked Questions

Spousal support—also known as alimony or spousal maintenance—is a common concern in divorce cases. At Mizak & Pacetti, our Parma, Ohio divorce attorneys help clients navigate how Ohio courts determine who pays, how much, and for how long.

How Does Ohio Law Determine Spousal Support?

Spousal support is governed by Ohio Revised Code § 3105.18. Courts evaluate multiple factors, including:

✔ Income of both spouses – Including salaries, bonuses, and investments.
✔ Earning potential – Whether one spouse can increase income with education or training.
✔ Age and health – Ability to work and earn a living.
✔ Marriage duration – Longer marriages often lead to longer support awards.
✔ Standard of living – The lifestyle maintained during the marriage.
✔ Other relevant factors – Courts can consider anything they deem fair.

Will I Have to Pay Spousal Support?

Spousal support is not guaranteed in every divorce. Courts are more likely to award it if:

• The marriage lasted several years.
• One spouse earns significantly more than the other.
• A spouse has limited job prospects due to caregiving responsibilities.

If the marriage was short and both parties have similar earnings, the court may not order support.

How Long Does Spousal Support Last?

There is no set formula for determining spousal support duration, but courts often order it for a fraction of the marriage length.

📌 Key factors:

• Support usually ends upon the death or remarriage of the receiving spouse.
• Long-term marriages often result in longer support periods.
• Most payments are monthly, though lump-sum payments are possible.

How Much Spousal Support Will Be Paid?

Courts do not use a standard formula to calculate spousal support. The amount depends on:

💰 Income gap – A larger gap may result in higher payments.
🏡 Lifestyle – If the couple had a high standard of living, payments may reflect that.
📉 Earning capacity – If one spouse gave up career growth, support may be higher.

Ohio law does not require equalizing incomes but often aims to reduce financial disparity.

Can Spousal Support Be Permanent?

Lifetime spousal support is rare but may be granted in cases where:

• The marriage lasted several decades.
• The couple was married throughout their working years and into retirement.
• One spouse did not work to raise children.

However, permanent spousal support is unlikely if both parties are still working and expect their incomes to increase.

Can Spousal Support Be Modified in Ohio?

Yes, spousal support can be modified if circumstances change. If either spouse loses a job, gets a raise, or experiences a major life event, they can request a court review.

Does Ohio Have a Spousal Support Calculator?

No, Ohio does not use a fixed formula for spousal support. Each case is evaluated individually based on income, marriage length, and other factors.

Is Spousal Support Taxable in Ohio?

Under current federal tax laws, spousal support payments are not tax-deductible for the payer and are not considered taxable income for the recipient for divorces finalized after 2018.

What Happens If My Ex-Spouse Refuses to Pay Spousal Support?

If a spouse fails to make payments, the court can enforce the order through wage garnishments, fines, or other penalties. Consulting an attorney can help you take legal action.

Does Infidelity Impact Spousal Support in Ohio?

No, Ohio is a no-fault divorce state, meaning cheating does not impact alimony decisions. Spousal support is based on financial need and earning capacity, not marital misconduct.

Can a Prenuptial Agreement Waive Spousal Support?

Yes, prenuptial agreements can include spousal support waivers, but courts will review them to ensure they are fair and enforceable at the time of divorce.

How Does Spousal Support Work in High-Net-Worth Divorces?

In high-asset divorces, courts consider business interests, investments, and luxury expenses when calculating spousal support. The process is often more complex, making legal representation essential.

Does Spousal Support End If My Ex Moves In with a New Partner?

Cohabitation can impact spousal support. If the receiving spouse moves in with a new partner and shares expenses, the paying spouse can request a court review to reduce or terminate payments.

How Can a Divorce Attorney Help with Spousal Support?

An experienced divorce attorney can:

✔ Negotiate fair spousal support terms.
✔ Ensure the agreement follows Ohio law.
✔ Advocate for modifications if financial circumstances change.
✔ Help enforce court-ordered payments.

Need Legal Help with Spousal Support? Contact Us Today.

If you’re considering divorce or dissolution and have concerns about spousal support, our Parma, Ohio divorce attorneys can help. Schedule a free consultation with Mizak & Pacetti, LLC today to discuss your case.