Can I Get Spousal Support, and How Do I Calculate It?

Are you eligible for spousal support? How much is fair to ask for or expect? Will the court agree?

The ugly answer: it’s very complicated.

The court uses 14 criteria (the last one basically being “and anything else that matters”) to determine spousal support.

First, let me give you some clear-cut answers about spousal support (sometimes called alimony):

·         The court prefers to award spousal support for a limited amount of time. The squinting unenforceable rule is one year for every seven years of marriage, but this is hugely variable. Spousal support usually has an end date unless the marriage lasted for a very long time, usually in excess of twenty years.

·         The longer you have been married, the more likely you are to receive spousal support payments.

·         Whether you worked or not while you were married, the court assumes that you plan to work after the separation. Thus, your income potential (how much money they think you can make based on your education and skills) is a significant factor in the decision.

·         Fault—when one person injures another, such as through cheating, abuse, stealing shared assets, etc.—plays no part in the decision. This is different from many other states, and can sometimes be difficult to stomach in Ohio.

·         Quitting your job after divorce papers have been served will not reduce your likelihood of paying spousal support. Courts are not just looking at your actual income, they are also looking at your potential income. This cuts both ways.

It’s important to note that the court has no worksheet to calculate the award, and they have to justify any award. What this means is that you will need to justify why you are asking for spousal support and the amount you seek. If you are opposing spousal support, you will need to demonstrate that it is unnecessary and inapplicable to the facts of the case.

Now let’s break down the major factors that determine spousal support.

Income

The earnings, retirement benefits, and assets and liabilities (money, stuff, and debts) of each person as well as how this would affect their taxes are all considered. Some courts use annual income tax forms to determine income, and others do a much deeper dive into finances. Talking with a local lawyer, like N.P. Weiss Law, can help you know what to expect from your local court system.

Can income from a business you own be weighed in the mix? Yes. Beyond the actual salary you take from the company, retained earnings may also be considered. That means any profits that the company holds onto for future use can be counted as income when determining spousal support.

Marital History & Circumstances

This category includes how long you were married, what your standard of living was as a couple, how one spouse contributed (with money, time, shouldering more of the financial costs of the family, etc.) to the other’s education and career, and any loss of income that resulted from the marriage.

If you worked to pay for your spouse’s college, that matters. If you stayed home to raise the kids, that gets considered. If you were buying designer clothes and driving a top-of-the-line Porsch, that weighs into the decision.

Future Circumstances & Potential

Here is where the judge will consider your current education level, how much you can reasonably earn now, what it would take for you to obtain the skills and education to land a good job, and if you are reasonably capable of holding a job.

Reasonably capable of working includes a few different factors. Having sole custody of children or being the primary care giver—especially a child with disabilities—makes working full time more challenging. It also adds the expense of childcare. Elderly individuals who have been out of the workforce are less likely to find work that will support them. Any physical, mental, or emotional considerations that affect employment will also be thrown into the mix.

Temporary Support Orders

A court is allowed to order temporary spousal support and payment of reasonable living expenses while the case is still ongoing. This is in addition to an award of temporary child support they may order, but usually the child support will be reduced as a result of paying temporary spousal support.

It is very common for the spouse seeking support to file a motion for temporary support as part of the initial divorce filing packet, and a court will attempt to rule on this along with temporary child support, first before addressing other matters.

If you are seeking spousal support, I strongly encourage you to talk to a local attorney, like those at N.P. Weiss Law. We can help you to determine your eligibility and how much would be reasonable.