When couples have been married for many years, one spouse may significantly outearn the other. That’s often because they’ve decided over the course of their marriage that one would be the primary caregiver for their children or maybe for one or more elderly relatives. They may do unpaid work to help their spouse’s business or career.
If one spouse has been out of the full-time workforce off and on or for a long period, they may not be able to become self-supporting after divorce for some time – or possibly ever, depending on their age and health.
Determining the amount of spousal support
That’s where getting a fair spousal support (alimony) order in addition to a fair property division agreement can be critical. When it comes to spousal support, how much is a fair amount to seek?
Ohio law allows judges to consider a multitude of factors, including the duration of the marriage, the earning capacity of each spouse, their ages and health and the “lost income production capacity of either party that resulted from that party’s marital responsibilities” – just to name a few.
Does a divorcing spouse have a right to maintain their marital standard of living?
Does the spouse seeking support have a right to more than just the minimum required to live on their own? Do they have a right to maintain the lifestyle they’ve gotten used to over the years? They may if their soon-to-be ex is able to provide that without it seriously affecting their own standard of living.
Ohio law lists the “standard of living of the parties established during the marriage” as one factor that can be considered in determining spousal support. To ask that this be considered, it’s wise for the spouse seeking it to show how they’ve contributed in non-monetized ways to the family, the marriage and their spouse’s success. It’s also helpful to show that the other spouse can, in fact, afford to help them maintain their marital standard of living.
It’s always best when divorcing spouses, with the guidance of their legal representatives, can work out a support agreement on their own (assuming they haven’t already done so in a prenuptial or postnuptial agreement). If they can’t, they’ll need to make their cases to the judge. Either way, it’s important to understand the relevant laws and work to use them to their advantage.