One question we commonly get from our divorce clients is how alimony, or spousal support, is calculated. The simple answer is that there is not an absolute formula used by the courts. The awarding of spousal support may vary from one county to the next, and from one judge to the next.
Because of this latitude and the amount of money at stake, it is important to get a handle on this issue and work with a lawyer who has the knowledge and skill to protect your best interests. Douglas A. Ball, Attorney at Law, can represent you in negotiation or litigation of alimony in divorce proceedings in Clermont County and surrounding jurisdictions of Ohio.
When determining whether or not spousal support is warranted and reasonable, a court will consider several factors, including, but not limited to:
The standard of living established during the marriage
The income of both spouses
The ages, as well as the physical and mental conditions, of both spouses
The earning capacity of both spouses, taking into account their relative education levels
The time and expense of the spouse seeking support to obtain job training or education in order to acquire employment
The retirement accounts of both spouses
The length of the marriage
The tax consequences of awarding alimony
The contributions of one spouse to the education of the other
The loss of earning potential or education potential a spouse had as a result of fulfilling family obligations, such as raising children
If a court awards spousal support, it can continue for a short time, a long period, or even indefinitely. In any case, spousal support/alimony is terminated upon the death of either party.
Although we can't pinpoint the amount or duration of spousal support that a given court will award, we can reasonably predict if it would typically be awarded and establish some ballpark parameters. Many times we negotiate spousal support out of court as part of the overall divorce and property settlement. However, Doug Ball has the courtroom experience to litigate effectively on your behalf in contested alimony/spousal support proceedings.
To arrange your free initial consultation of up to 30 minutes by phone or in person, call our Batavia law office today, or contact us online.