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SPOUSAL SUPPORT Attorneys in Cleveland, Ohio

In Ohio, Spousal Support means “any payment or payments to be made to a spouse or former spouse, or to a third party for the benefit of a spouse or a former spouse, that is both for sustenance and for support of the spouse or former spouse.” See, R.C. 3105.18. Spousal Support does not include any payment made to or for the benefit of a spouse or former spouse as part of a division of property.

Spousal Support is not mandatory. In determining whether Spousal Support should be awarded in a divorce and legal separation proceeding in Ohio, the Court must consider certain statutory factors. The factors that the Court must consider are:

(a) 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 Revised Code;

(b) The relative earning abilities of the parties;

(c) The ages and the physical, mental, and emotional conditions of the
parties;

(d) The retirement benefits of the parties;

(e) The duration of the marriage;

(f) 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 the home;

(g) The standard of living of the parties established during the marriage;

(h) The relative extent of education of the parties;

(i) The relative assets and liabilities of the parties, including but not limited
to any court-ordered payments by the parties;

(j) 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 degree of the other party;

(k) The time and expense necessary for the spouse who is seeking spousal
support to acquire education, training, or job experience so that the spouse will be qualified to obtain appropriate employment, provided the education, training, or job experience, and employment is, in fact, sought;

(l) The tax consequences, for each party, of an award of spousal support;

(m) The lost income production capacity of either party that resulted from
that party’s marital responsibilities;

(n) Any other factor that the court expressly finds to be relevant and
equitable.

If you are anticipating divorce and legal separation or if you are going through this process, you need to make sure that your rights are protected and that appropriate Spousal Support is ordered. At Zukerman, Lear & Murray Co., L.P.A. we stand ready to help you through your divorce and legal separation proceedings to get you a just and equitable resolution.

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