Cincinnati Alimony Attorney & Spousal Support Team On Your Side
When a couple goes through a divorce, there are many things to figure out. Who gets the house? How will we split up our assets? What about our kids? One of the most common questions is often whether one spouse will have to pay alimony (or spousal support) to the other. If you’re facing this situation, it’s essential to understand what spousal support is and how it works. Here’s what you need to know about hiring a Cincinnati alimony attorney who understands alimony & spousal support from Goldberg Evans LLC.
Are alimony and spousal support the same thing in Ohio?
The terms “alimony” and “spousal support” are used interchangeably. In Ohio, alimony is an outdated term, and the correct legal term is now “spousal support.”
Simply put, spousal support is money that one spouse pays to the other. The payments are meant to help the receiving spouse maintain their standard of living, obtain additional education or training, or for some other reason.
Alimony, or spousal support, may be ordered if one spouse earns a significantly higher income than the other. For example, if one spouse was a stay-at-home parent during the marriage, he or she may not have the skills or experience to get a high-paying job. In these cases, spousal support payments may be appropriate.
What is covered under alimony or spousal support in Ohio?
In Ohio, there can be different types of spousal support:
Temporary spousal support
Temporary alimony, or temporary spousal support, is often ordered while a divorce is pending. Once the divorce is finalized, these alimony payments will stop or may continue. Temporary spousal support can be paid in a lump sum or as periodic payments. These are typically ordered by the Court immediately after or shortly after a Complaint for Divorce is filed.
It is meant to help the spouse who earns less money maintain the status quo during the divorce process. The Court may also make specific orders related to the payment of household expenses and/or the payments of fees and costs related to the divorce.
Permanent spousal support
The parties can reach an out-of-court settlement related to the payment of spousal support or the Court may order permanent spousal support payments in some cases. There can be varying durations and amounts of spousal support ordered, dependent on the specific facts of your case. Some of the factors to be considered are the length of the marriage and the disparity of earned income between spouses.
Sometimes the parties will negotiate a direct payment of a sum of money in lieu of a continuing spousal support order. There are many things that ought to be considered when negotiating something like a lump-sum alimony award. Your Cincinnati alimony & spousal support lawyer can help you secure the proper lump-sum alimony.
How will spousal support be calculated?
When a request for spousal support is made, the court will consider several factors to determine if it should be awarded and how much should be paid. These factors include:
Length of the marriage
The court will look at how long the couple was married when deciding on spousal support. Generally, the longer the marriage, the more likely it is that spousal support will be ordered, so long as there is a disparity in earning ability.
Income of the spouse
The court will also consider the income of both spouses. If a recipient spouse does not have much income or earning potential, he or she is more likely to be awarded spousal support.
Age and health of the spouses
The age and health of the spouses will also be considered. For example, if one spouse is not in good health, they may be more likely to be awarded spousal support because they may not have the ability to earn income independently.
Ability to work
The court will also look at the ability of each spouse to work. If one spouse’s capacity to work is limited he or she is taking care of young children or for other reasons, a spousal support order may be more appropriate.
Standard of living during the marriage
Another factor to consider is the couple’s standard of living during the marriage. If one spouse is used to a very high standard of living, he or she may have a stronger argument to receive spousal support.
How does spousal support work?
If a party wants to request spousal support from his or her spouse, a request with the court must be filed if an agreement is not reached. The court will then consider the above factors to determine if spousal support should be awarded and how much should be paid.
During their appearance in court, each spouse will have the opportunity to present their case and argue why he or she believes spousal support should or should not be paid. Both parties may present evidence and testimony to support their claims.
Once a decision is made, the spouse ordered to pay spousal support will be required to make the payments until the court says otherwise. These payments can be made by check, money order, or electronic transfer. Oftentimes, there is a wage-withholding order issued by the Court through the county’s local Child Support Enforcement Agency.
If the spouse who is ordered to pay spousal support does not make the payments, they may be held in contempt of court. This can result in a number of consequences, including fines and jail time.
A Cincinnati alimony attorney at Goldberg Evans LLC can help you through the spousal support process. We will also help you collect the evidence you need to support your claim. Our attorneys have the necessary experience to represent you and advocate on your behalf.
Contact a Cincinnati Alimony Attorney & Spousal Support Lawyer Today
If you are considering divorce or have already been served with a Complaint for Divorce, it is crucial you understand your rights and options. A Cincinnati alimony attorney experienced in spousal support can help you protect your interests and advocate for the best possible outcome in your case.
At Goldberg Evans LLC we are ready to guide you every step of the way. We have the knowledge and experience to handle your case from start to finish, and we will work to obtain the best possible outcome.
Give us a call today for assistance.