Spousal support, commonly called “alimony” or “maintenance” is the process of one member of the couple paying or transferring money to the other member of the couple. In the appropriate cases, Ohio courts award spousal support based on the circumstances of the parties.
Spousal support is offered to protect a spouse who could suffer a dramatic change in his or her standard of living after a divorce. Commonly granted to a member of a couple who has been out of the workforce for a significant amount of time or who is unable or untrained to take on a new profession, the court can require payments to assist them for a period of time. Spousal support can be awarded to either the husband or the wife. This determination is made by the court and depends on many factors that are explored during the proceedings.
One of the most basic legal requirements for spousal support is that you must be in the process of getting a divorce. Without the process of a divorce, spousal support cannot be ordered. Currently, there are two other conditions that can be brought to the court for judgement on a spousal support claim: contract and need. If there is an existing prenuptial agreement, then spousal support may not be awarded. While it can be challenging to reverse a prenuptial agreement, it is possible if the party would be financially devastated by the consequences.
Having a need for spousal support is the other factor that can affect the judgement of the court. If both parties have lucrative jobs, it is unlikely that the judge or arbitrator will allow spousal support. “Need” means that the individual is unable to provide for their own financial support or does not have enough property or assets to do the same for their own well-being.
At John J. Ready and Associates, we represent husbands or wives who are either paying or receiving spousal support. Call us to discuss your concerns regarding spousal support or to speak to a divorce attorney today!