Spousal support, commonly known as alimony, is usually one of the most contested and misunderstood elements of a divorce. At Brown Carrington, PLLC, our Cincinnati spousal support attorneys provide high-powered legal representation to clients seeking support or facing a potential obligation to pay. Contact a divorce lawyer at our law firm today to get the strategic insight, courtroom experience, and financial acumen needed to protect your interests.
Spousal Support Under Ohio Law
In Ohio, spousal support is governed by Ohio Revised Code § 3105.18, which defines it as any payment made by one spouse to the other for sustenance and support after separation or divorce.
Unlike child support, which is calculated using statutory guidelines, spousal support is determined based on thirteen (13) factors designed to ensure a disadvantaged spouse has reasonable and appropriate support following a divorce. Importantly, spousal support may be temporary, short-term, or for an indefinite term, depending on the facts of the case and the financial situations of both parties.
At Brown Carrington, PLLC, our Cincinnati family law attorneys work with clients across the financial spectrum, including high-net-worth individuals, business owners, and professionals, where spousal support claims may intersect with issues with “double dipping”, complex compensation structures, asset holdings, and valuation disputes.
Types of Spousal Support in Cincinnati
Our Cincinnati spousal support lawyer guides clients through the different categories of support, including:
- Temporary Support: Temporary spousal support is ordered while the divorce is pending, helping maintain the status quo during the pendency of your matter.
- Short-Term Support: Typically granted in marriages of shorter duration, helping one spouse transition to financial independence.
- Long-Term or Indefinite Support: More likely in long-term marriages or when one spouse is unable to become self-sufficient due to age, health, or other factors.
Our attorneys will ensure that every factor is considered and good faith argument raised in pursuing orders that are appropriate and reasonable.
How Courts Determine Spousal Support in Cincinnati
Unlike some states that use rigid formulas, Ohio spousal support laws provide a discretionary approach with a list of factors rather than applying a single calculation. To determine spousal support obligations of the paying spouse, courts in Cincinnati may consider:
- Total Income – All sources of income for each party, including income derived from marital property divided in the divorce.
- Earning Capacity – The relative earning abilities of the parties.
- Health and Age – The ages and physical, mental, and emotional conditions of the parties.
- Retirement Benefits – Each party’s available retirement benefits.
- Marriage Duration – The length of the marriage.
- Child Custody Employment Impact – Whether it is inappropriate for a party, due to being the minor child’s custodian, to work outside the home.
- Marital Standard of Living – The standard of living established during the marriage.
- Education Level – The relative educational attainment of the parties.
- Assets and Liabilities – The parties’ respective assets and debts, including court-ordered obligations.
- Support Contributions – Each party’s contribution to the other’s education, training, or earning capacity (e.g., supporting the other’s professional degree).
- Time and Cost of Reentry – Time and expense for the requesting spouse to gain education or job training and actively seek employment.
- Tax Consequences – The tax effects of a spousal support award on each party.
- Lost Earning Potential – Any party’s lost income-producing capacity caused by marital duties.
- Catch-All – Any other factor the court finds relevant and equitable.
At Brown Carrington, PLLC, we may use financial experts, forensic accountants, vocational evaluators, and tax professionals to create persuasive, data-driven arguments to ensure a fair spousal support process.
Strong Advocacy for Spouses Seeking Support
If you are seeking spousal support, we ensure that the court is made fully aware of your contributions to the marriage, whether economic or non-economic.
We help our clients:
- Develop a comprehensive financial affidavit that accurately reflects needs and expenses
- Document past and ongoing contributions throughout the length of the marriage
- Secure vocational evaluations, when needed, to demonstrate current and potential earning capacity and need for financial support
- Protect their right to maintain a standard of living reasonably consistent with that during the marriage
In cases involving wealthy spouses or business owners, we are vigilant in uncovering non-salary compensation, such as deferred bonuses, restricted stock units, corporate perks, or passive income, as part of the spousal support terms.
Representation for Spouses Facing Unreasonable Support Demands
If you are being asked to pay spousal support during the divorce process, we help you assert a fair and sustainable obligation. We focus on:
- Investigating the receiving spouse’s actual income, assets, and earning ability
- Contesting requests for indefinite support when unjustified
- Challenging claims for spousal support when a spouse is voluntarily underemployed or unemployed
- Help structuring support in a manner that helps meet your goals. In many cases, we are able to negotiate structured settlements that include termination clauses, marriage-like cohabitation triggers, or step-down schedules that protect our clients’ long-term financial interests.
Negotiation or Litigation: Our Strategic Approach
At Brown Carrington, PLLC, we do not believe in a one-size-fits-all strategy to pursue a spousal support order. Some spousal support disputes are best resolved through negotiation, while others may require assertive litigation to expose the truth.
When We Pursue Negotiation:
- When the parties have open and complete exchange of financial disclosures
- When future income and employment prospects are predictable
- When clients seek privacy and cost-efficiency
- When both sides are motivated to reach an amicable outcome
When We Prepare for Litigation:
- When one party is hiding income or assets
- When a relevant factor makes support inequitable
- When support claims are inflated or unrealistic
- When the parties’ financial futures are sharply contested
Our attorneys begin preparing for trial from day one, ensuring that we are always ready to litigate if necessary. This preparation usually drives more favorable settlements.
Spousal Support Modification and Termination in Cincinnati
Under Ohio law, an order to award spousal support may be modified only if the original decree expressly allows for it. Typical grounds for modification include:
- Involuntary job loss or significant reduction in income
- Retirement at a reasonable age
- Health impairments that affect earning capacity
- A substantial change in the recipient’s financial circumstances
- Marriage-like cohabitation or remarriage of the recipient
The right spousal support lawyer can file and pursue modification actions to receive spousal support or defend against them.
High-Asset and Complex Spousal Support Cases
In high-net-worth divorces, spousal support issues become even more complex. We are experienced in handling divorces involving:
- Business ownership or family enterprises
- Executive compensation packages
- Multiple streams of passive income
- Real estate holdings
- Trusts, inheritances, and premarital wealth
When needed, we work closely with CPAs, forensic accountants, and valuation experts to build accurate financial pictures and propose (or oppose) support awards that reflect the reality.
Get Our Cincinnati Spousal Support Attorney on Your Side
Clients choose our top-rated legal team at Brown Carrington, PLLC for these reasons:
- Bespoke Representation: We do not rely on cookie-cutter approaches. Each case is customized.
- Financial Depth: We understand the tax and valuation issues that many firms overlook.
- Trial Readiness: Our trial preparation informs every step we take, even during negotiations.
- Compassionate Counsel: We understand the emotional weight of divorce, and we offer steady guidance.
- Results-Driven: Whether it is maximizing or minimizing support, our eye is always on our client’s objectives.
To schedule your confidential consultation, call our Cincinnati spousal support lawyer today at 513-334-3050 or contact us online.
