If you have gone through a divorce and have children, you may be wondering if you can receive more stay-at-home parent spousal support in Ohio. This is a common concern since the laws regarding spousal maintenance in Ohio can feel confusing, and you may not know what you are entitled to.
Do you want to receive more alimony as a stay-at-home parent in Ohio? If so, check out this article, where we will discuss the Ohio spousal support laws and how they apply to stay-at-home parents.
What Is Spousal Support in Ohio?
Spousal support is something that Ohio law sometimes grants depending on the situation. It doesn’t apply to all divorce cases since both spouses may be equally capable of earning an income and supporting themselves individually.
It’s also important to understand that spousal support is usually temporary. The Ohio court often grants temporary alimony to provide immediate financial support to one of the spouses while the divorce case is pending. Sometimes, short-term alimony is also provided for a set period of time, allowing the lower-earning spouse to recover financially after the divorce.
There is permanent alimony, but this is much less common and usually only granted in long-term marriages where one spouse cannot support themselves at all.
Spousal Support Vs Child Support
It’s important not to get spousal support and child support confused, as they are two entirely different things. Spousal support is meant to provide temporary support to the lower-earning spouse who may have been more dependent on the other spouse’s income during the marriage.
On the other hand, child support is usually set until any children conceived within the marriage turn 18 years old. Child support is designed to help the parent with the most parental responsibilities with the finances of taking care of the child. This helps with things like education, food, clothing, medical costs, etc.
Although not the standard, it is possible for one spouse to receive both spousal support and child support if the circumstances require this.
Factors Ohio Courts Consider
Another aspect of spousal support in Ohio that is different from child support is that it doesn’t follow any specific mathematical formula. The judge overseeing your divorce case will look at different factors to come up with a number that they think is fair.
Some of the factors a judge will consider when calculating alimony include things like:
- The length of the marriage
- The differences in income between the spouses
- The earning capacity of each spouse
- The employment history and education of the spouses
- The age and health of each spouse
- Any contributions as a caregiver or homemaker
- Child custody arrangements
- The standard of living during the marriage
Overall, the judge will look at how each spouse has contributed to the marriage and their shared lifestyle to determine whether or not alimony is necessary and fair.
How Being a Stay-at-Home Parent Impacts Support
Depending on the situation, it is very likely that spousal support for a stay-at-home parent in Ohio could be increased. This is because the stay-at-home parent has contributed greatly to the marriage by way of taking care of the children.
Stay-at-home parents experience career interruptions, which can reduce their earning potential and even result in the need for retraining or furthering their education. Also, depending on the ages of the children, it may make more sense for the parent to continue to stay-at-home and care for the children themselves instead of using costly outside childcare.
If you are a stay-at-home parent, you need to get legal representation from a Montgomery County divorce attorney. Even in situations where the relationship between the spouses is amicable, it’s still important to protect your best interests.
An Ohio attorney will protect your rights and ensure you get everything you are entitled to after the marriage has come to a close.
Can Spousal Support Be Modified Later?
If you are granted spousal support during your divorce case, you may be worried about being able to make modifications to this agreement. The good news is that Ohio does allow for spousal support modifications, but only in very specific circumstances.
The most common scenario where this is allowed is if the spouse receiving alimony either remarries or starts to cohabitate with a new partner. Because they are now likely receiving financial support from another partner, the paying spouse can request termination of the alimony.
Either spouse can also request alimony modifications if they experience a significant change in income. For example, the receiving spouse may request more alimony if their ex-spouse receives a bonus or starts earning significantly more. Or the paying spouse can request a modification if they lose their job and cannot make their alimony payments.
The last scenario where modifications can be requested is if the paying spouse retires or experiences a significant financial hardship, such as a disability.
FAQ Section
Does Ohio guarantee spousal support to stay-at-home parents?
No, there is no guarantee that you will receive spousal support, even if you are a stay-at-home parent. It is completely dependent on each case, each spouse’s finances, and the nature of the marriage.
How long does spousal support last in Ohio?
How long spousal support lasts is dependent on the length of the marriage and the financial circumstances of the receiving spouse.
Can a stay-at-home parent receive both child support and spousal support?
Yes. Spousal support and child support are two different types of legal obligations.
What if I need education or training after a divorce?
You may be able to get more alimony or receive alimony payments for a longer period of time if the court determines that you need additional financial support while training or continuing your education.
Hire a Divorce Attorney in Ohio
If you are a stay-at-home parent and want to receive more alimony to support yourself and your children, you need to consult with an experienced Miami Valley divorce lawyer. Richard P. Arthur, Attorney at Law, has extensive experience handling divorce cases and can help you get everything you are entitled to. To proceed with your case, contact us today at 937-254-3738 for a free consultation.