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Legal Information: Ohio

Divorce

Laws current as of October 1, 2024

Can I get alimony?

Alimony, also called spousal support or maintenance, is financial support paid by or to your spouse and can be awarded on a temporary basis during the divorce and on a more permanent basis once a divorce is granted.1 Alimony will stop if either party dies, unless the alimony order says otherwise. To decide the amount of alimony and for how long alimony will be paid, a judge will consider your and your spouse’s:

  • income;
  • earning capacity;
  • age, physical, mental, and emotional condition;
  • retirement benefits;
  • length of marriage;
  • ability to have a job outside of the home due to custody of a minor child from the marriage;
  • standard of living during the marriage;
  • education;
  • assets and liabilities, including any court-ordered payments;
  • contribution to the education, training, or increased earning capacity of the other spouse, including any contribution to helping the other get a professional degree;
  • education, training, or job experience to get an appropriate job and the amount of time and money you (the spouse asking for support) would need to get the necessary education, training, or experience;
  • tax consequences; and
  • lost income or earning capacity because of marital responsibilities, such as staying at home or caring for minor children.2

Note: The judge can also consider any other factors that the judge thinks are important to make a decision.2

The judge will assume that both you and your spouse contributed the same amount to any marital income.3

1 Ohio Rev. Code § 3105.18(B)
2 Ohio Rev. Code § 3105.18(C)(1)
3 Ohio Rev. Code § 3105.18(C)(2)