Under what circumstances is alimony awarded?
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Under what circumstances is alimony awarded?
My husband and I met 2 1/2 years ago and married 3 months later. I want to get a divorce. I have never worked a job; he never wanted me to. Now that I have brought this to his attention he says “the only way I will give you a divorce is if you sign a paper saying you don’t want alimony”. I have nothing. He has left me with nothing. At times even with out food. It’s not that I want it, it’s that I need it due to my current situation. Will I be granted alimony? And for how long?
Asked on August 25, 2011 Ohio
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Chapter 3105.18 of the Ohio Statutes discusses spousal support , as it is now know, and takes in to account the following:
- The financial resources available with both the parties. The earned and unearned assets, dividends and bonds are taken under consideration.
- The earning potentials of the spouses
- Retirement benefits and health care insurances
- The length of the married life
- The amount awarded can be influenced by the granting of the child custody to the recipient spouse.
- The living standard of the parties before and after the divorce
- The educational background of both the parties.
- The financial liabilities of the parties.
- The contribution or the aid provided by each of the spouses for the each other’s welfare
- The time duration and the monetary support required by the dependent spouse in order to complete a skill development training or educational program that would help him or her to be financially self sufficient.
- The tax repercussions on both the parties due to the payment of the alimony
- The capacity to generate income that is lost while meeting up marriage related responsibilities
- Apart from the above mentioned conditions the court of Ohio can take into account other factors for awarding of alimony as well that may vary from one divorce case to another. The court expects both the spouses to have equally contributed for the accumulation of the marital assets, properties and income.
Alimony can be temporary or permanent. Permanent alimonyin Ohio is subjected to changes if (a) there is an involuntary alter or decrease in the income of the payer, (b) the recipient remarries, (c) either of the spouses dies, (d) the recipient gets engaged in a relationship outside the state but is acknowledged as marital bonding in Ohio, (d) the receiving spouse starts cohabiting with another partner even if the relation is outside the bondage of marriage, (e) the payer’s capacity of income generation and ability to pay increases. Your best bet is to discuss this with an attorney on your area. Your circumstances - which you do not discuss - may avail you of at least temporary support until you can get back on your feet. Good luck.
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