When it comes to alimony payments, or spousal support as it's known in Ohio, the laws are fairly similar from state to state and haven't changed much in decades. But some fairly major reform is happening in some East Coast states, and may sweep west in the future.
Alimony was designed to ensure the lower-income earning spouse was not left destitute after a divorce. For generations, it was always the husband who made payments to the wife, because if she worked out of the home at all, she made a fraction of his income. Today spousal support is non-specific to gender, and is instead based on income and other resources.
The reform in some states goes a step beyond that, recognizing that in today's lagging economy, both spouses may be hurting financially, and often it's the woman who is the primary or sole breadwinner. In Massachusetts, new alimony laws have put a stop to lifetime support of a former spouse in most cases. Instead, it ends when the paying spouse reaches retirement age or the spouse receiving the payments starts living with a new partner.
Florida and New Jersey are considering similar laws, though the current Florida bill prevents a judge from considering adultery when determining alimony payments, and limits those payments to no more than 20 percent of the paying spouse's income.
In Ohio, alimony payments can have an end date or go on indefinitely. In general, courts prefer to put an end date on spousal support, if possible. The court can also include a provision allowing it to hear any future motion requesting a modification to alimony payments, or the spouses can agree to make it modifiable. But the court will only modify the payment arrangement if the person asking for a change can show that a change in circumstances warrants it. Such a change might include retirement, loss of a job, or the marriage of the spouse receiving the payments.
Whether spousal support changes come to Ohio, you do have some control over your own settlement. Drafting terms in a prenuptial agreement is one way to determine what will happen if you and your spouse divorce. A divorce attorney can help you better understand Ohio's laws on alimony and ensure you reach an arrangement both you and your spouse can live with.
Source: ABC Action News, "Several states moving toward sweeping alimony reform," Ed Greenburger, Nov. 30, 2011
Comments: Leave a comment


No Comments
Leave a comment