When is alimony awarded during divorce?

On Behalf of | Jul 13, 2021 | Family Law |

Alimony is one of the major divorce-related considerations divorcing couples will have to work out during their divorce. For that reason, it is helpful for divorcing couples to be familiar with the factors used to determine alimony in Ohio.

Factors used to determine alimony

When determining if alimony will be awarded and if it will be awarded, for how long, how much and under what terms, the family law court will evaluate factors including:

  • The income of both spouses;
  • The earning capabilities of both spouses;
  • The education levels of both spouses;
  • The ages of both spouses, as well as their physical, mental and emotional conditions;
  • The duration of the marriage;
  • The standard of living established during the marriage;
  • The retirements of each of the spouses;
  • The assets and liabilities of each of the spouses;
  • The contributions of each of the spouses to the education, training or earning capacity of the other spouse;
  • The time and expense necessary for the spouse seeking alimony to acquire the education, training or job experience needed to obtain appropriate employment;
  • Any lost income potential of one spouse resulting from their marital responsibilities;
  • Whether it would be appropriate for one spouse to be the be the primary caretaker of minor children rather than seeking outside employment;
  • The tax consequences of alimony; and
  • Any other factor the court considers relevant.

A request for alimony can be crucial for the spouse seeking it. The other spouse may strongly oppose the request for alimony. Because of that, spouses going through a divorce when alimony is at issue should be familiar with how alimony awards are made.