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wadsworth divorce lawyerNearly everyone who goes through a divorce will have some concerns about their ability to provide for themselves once their marriage has been terminated. However, this can be an even larger worry if you are a stay-at-home parent. If you have chosen to put raising your children ahead of your career, this may have made you financially dependent on the income earned by your spouse, and depending on how long you have been out of the workforce, you may struggle to find and maintain employment following your divorce. In this type of situation, you will likely be wondering whether you can receive spousal support that will allow you to meet your needs and provide for your family.

Addressing Spousal Support in an Ohio Divorce

There is no guarantee that spousal support will be awarded to a spouse during the divorce process. These situations are handled on a case-by-case basis, so if you believe that you need financial support from your spouse, you will need to demonstrate that this support is needed and that your spouse has the ability to provide you with spousal support. When determining whether spousal support is appropriate, a judge will consider factors such as:

  • The income of both spouses, including any income earned through marital property allocated to a spouse during divorce

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Medina parenting time attorney

The divorce process involves a variety of decision-making steps, all of which are meant to be permanent. In certain cases, you may be able to decide how to divide your assets, when you will spend time with your children, and how much (if any) you or your spouse will receive in financial support. The permanence of these decisions can add another layer of stress onto each prospective ex-spouse. You may be thinking, "How can I make decisions for my future when I do not even know what it will look like?" Although a divorce decree is meant to be permanent, there is some leeway. The terms of your divorce may be modified, if necessary, with the help of a skilled attorney.

Post-Divorce Modifications

Changes made after the completion of a divorce are typically tied to finances or parenting issues. Spousal maintenance is determined by comparing both spouses’ incomes and factoring in your lifestyles. In some cases, you or your ex-spouse could endure a large pay cut or lose your job, possibly warranting an increase or decrease in the amount of spousal support payments. Similarly, if one of you receives a raise or gets a job after being unemployed, the amount of spousal support could be adjusted, or it could be terminated altogether. Because finances and income can change greatly throughout your life, it is important to understand that the number you decide on in court is not set in stone if there is a significant change in circumstances.

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Medina County family law attorneyThe decision to end a marriage is not easy, especially if the couple was married for a long time. One of the factors that concerns many people about getting a divorce is the financial aspect. The thought of how to divide assets or the loss of one whole income can be daunting. In some cases, one spouse may have earned significantly less than the other spouse did or even gave up his or her career to raise a child. In many states, such as Ohio, an award of “alimony” or now called “spousal support” may allow the spouse with the lower income to maintain his or her standard of living after the divorce. But, what happens to those support payments if one of the ex-spouses remarries?  

Determining Spousal Support in Ohio

In the state of Ohio, the court may order temporary spousal support during the divorce proceedings since some divorces can take a long time. Permanent spousal support payments may then be ordered once the divorce is final. While some states have guidelines for calculating the amount and duration of spousal support payments, Ohio divorce law leaves these decisions up to the court’s discretion. A judge must consider several factors when deciding whether or not to award spousal support payments.

Some of the issues the court will review include: 

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