Getting a divorce in Ohio can come with significant financial ramifications, especially if one spouse earns significantly less than the other. In this type of situation, you may want to pursue temporary spousal support in Ohio while your divorce case is still pending.
Are you worried about how you will get by financially during your divorce? If so, check out this article, where we will discuss what temporary spousal support is and who qualifies for it in the state of Ohio.
What Is Temporary Spousal Support?
Temporary spousal support, legally known as pendente lite support, is a court-ordered type of support that requires one spouse to financially support the other. These payments usually need to cover essential living and household expenses, such as the type of expenses that the spouse would have normally paid before starting divorce proceedings.
Temporary spousal support helps to maintain the status quo, preventing the other spouse from falling into significant financial hardship during the divorce. Usually, temporary support will go to the spouse with the least amount of financial funds or limited work opportunities.
The main thing to keep in mind is that temporary support isn’t permanent. It will only last for the duration of the divorce case and will end when you receive the final divorce decree.
Who Qualifies For Temporary Spousal Support?
Either spouse can qualify for temporary spousal support as long as they meet the basic requirements under the Ohio civil rule. These requirements include:
- Active cases: You must have an open and pending case for either divorce, annulment, or a legal separation in an Ohio court before requesting temporary spousal support.
- Financial need: The court will need you to clearly demonstrate that you need financial support while your case is pending as a way of covering basic living expenses, such as housing, food, utilities, etc.
- Paying spouse’s ability: You also need to show that the spouse who would be required to pay support has the financial means to do so while covering their own basic living expenses.
To better understand whether or not you qualify for temporary spousal support in Ohio, you should consider getting the help of a Montgomery County divorce lawyer. A divorce lawyer can help ensure you’re eligible and can provide assistance as you gather the necessary documentation to prove this.
How the Ohio Court Determines Temporary Support
Unfortunately, there isn’t a mathematical formula or strict rule that Ohio follows when determining temporary support. So, how much support you may be entitled to is completely dependent on the specific situation and often comes down to the discretion of the judge.
Here are some examples of factors that the judge will usually consider when deciding on spousal support:
- The income of both spouses
- Any income disparity
- Monthly expenses
- The standard of living
- The other spouse’s ability to pay
- The length of the marriage
When evaluating each situation on a case-by-case basis, Ohio judges often lean more towards situations where there is a significant income disparity. For example, one spouse may be a stay-at-home parent, which could improve their chances of qualifying for temporary support.
How to Request Temporary Support
No matter the situation, temporary spousal support isn’t something that takes effect automatically when you begin a divorce case. You will need to actively request temporary support once you have an open divorce case so that you can get financial assistance as soon as possible.
To start this process, you need to:
- File a formal written motion with a sworn affidavit with the appropriate court.
- Clearly provide information regarding the relief you’re requesting.
- Attach a sworn financial statement or affidavit with your financial information.
- Serve a copy of your motion to your spouse or their attorney.
Keep in mind that Ohio generally only provides temporary support if you and your spouse are already living separately. Although this isn’t always a dealbreaker, it can dramatically impact your eligibility or the amount of support you could receive.
It’s also best to work with an Ohio family law attorney when requesting temporary support, as they can handle most of these steps on your behalf, ensuring everything is done correctly.
What Happens After the Divorce Is Finalized?
The main purpose of temporary spousal support is to maintain the financial status quo and ensure that neither spouse falls into significant financial hardship during the divorce. So, it’s essentially used to help one of the spouses get back on their feet and prepare for life post-divorce.
Because of this, temporary support automatically ends once the judge has signed and filed the final divorce decree. Once this happens, your spouse is no longer legally obligated to provide support unless you pursue additional options, such as permanent spousal support or alimony.
If you still need financial assistance post-divorce, you should consider working with an Ohio divorce attorney to come up with an appropriate strategy. They can help you apply for permanent spousal support, which is much more complex than temporary support and requires extensive financial documentation.
FAQ Section
How quickly can temporary support be awarded?
It depends on each individual case. However, generally speaking, support is awarded a few weeks or months after you have filed your request, depending on the court’s schedule and how thorough the request is.
Is temporary support guaranteed?
No. To qualify, you must meet the eligibility criteria, and the final decision is ultimately left to the judge’s discretion.
Can temporary support be modified?
Sometimes under certain circumstances. But, like the original temporary support order, the final decision will come down to the judge.
Does receiving temporary support guarantee permanent support?
No. Temporary and permanent support require two separate processes and have different eligibility requirements.
Hire a Divorce Attorney in Ohio
Temporary alimony in Ohio can provide a lifeline for spouses who need financial support during divorce proceedings, especially if they aren’t accustomed to supporting themselves. Richard P. Arthur, Attorney at Law, has extensive experience handling Ohio divorce cases and can help you request spousal support during your divorce so that you can get the financial resources you need to stay afloat. To proceed with your case, contact us today at 937-254-3738 for a free consultation.