In Ohio, spouses requesting alimony must file their requests for permanent or rehabilitative alimony with the courts of common pleas. Ohio awards alimony based on equity and absent an existing prenuptial agreement, will not automatically award alimony without a hearing. Absent a valid prenuptial agreement, Ohio law does not automatically award alimony.
Ohio Statutory Code
The Ohio Revised Code allows judges to award real or personal property, lump-sum and installment cash payments as alimony. Permanent alimony, according to the Code, terminates upon the death of either party, unless spouses specifically state otherwise through a written agreement. Ohio law requires judges to consider several factors in deciding whether alimony is appropriate.
Factors
Ohio courts must consider the relative income and earning abilities of each spouse, their retirement property and benefits, age, mental and physical condition of each spouse, each spouse's available income after the property allocation, the length of the marriage, responsibility to care for minor children, the standard of living the spouses enjoyed during the marriage, tax consequences and educational opportunities.
Equitable Factors
Judges must also consider lost opportunities between the spouses. For instance, when one spouse was responsible for raising their children while the other was able to work, the spouse responsible for domestic and homemaking duties may have been unable to pursue career or educational opportunities. Courts may also consider "any other factor the court expressly finds to be relevant and equitable," according to Ohio Code Section 3105.18 (c)(1)(m). Ohio courts may deny an alimony award to a spouse who intentionally dissipated marital funds. For instance, if a husband contests an alimony award based on the legal doctrine of intentional waste or dissipation of marital funds, he must convince the court that his wife spent marital assets unnecessarily and with the intent to deprive him of his equitable share. If his wife is able to show that she spent money to feed their children, then that typically does not count as intentional waste.
Considerations
Since state laws can frequently change, do not use this information as a substitute for legal advice. Seek advice through an attorney licensed to practice law in your locality.
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