Points you should be aware of and think about if you are involved in a divorce.

  • By dgedrock
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  • 26 Jun, 2018
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In determining whether or not spousal support is appropriate and reasonable, and in determining the nature, amount and terms of payment, and the duration of the spousal support, which is payable in gross (one large sum) or in installments, the court Shall consider all of the following factors:

  • The income of the parties, from all sources, including, but not limited to, income derived from property divided, disbursed or distributed under section 3105.171 of the Ohio Revised Code. (This is the distributive award provision in the law that I briefly touched on in my last blog.)
  • 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 custodian of a minor child of the marriage, to seek employment outside of the home;

  • The standard of living of the parties established during the marriage;

  • The relative extent of the education of the parties;

  • The relative assets and liabilities of the parties, 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 decree of the other party; (What if you were a stay at home wife who helped your husband advance his career by being available to attend and host business parties and other related functions?)

  • The time and expense necessary for the spouse who is seeking spousal support to acquire education 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 obligation; (In other words did one spouse give up potentially good earning years to stay at home and care for the children?)

  • Any other factors the court expressly finds to be relevant and equitable.

In determining whether or not spousal support is reasonable and in determining the amount and terms of payment of spousal support, each party shall be considered to have contributed equally to the production of marital in come. (In other words it isn’t all his because he was the one that had a job and worked outside of the home)

Just a few more points you should be aware of and think about if you are involved in a divorce.

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