Can Spousal Support Be Modified After an Ohio Divorce?

 Posted on October 17, 2023 in Divorce

Going through a divorce can be challenging, especially when complex financial issues need to be addressed. In some cases, spousal support may be a factor, and one spouse may believe that they should receive ongoing support payments from the other after their marriage is terminated. While it is important for spouses to understand the role that spousal support or alimony will play during the divorce process, it is also important to understand when support payments may be modified or terminated in the years after a divorce. An experienced divorce attorney can make sure these issues will be addressed correctly as a couple works to end their marriage.

The Purpose of Spousal Support

In Ohio, courts may award spousal support based on several factors, such as the length of the marriage, the earning capacity of both spouses, each party’s age and health condition, the couple’s standard of living during their marriage, the decisions made about property division during the divorce, whether a parent will be working or staying at home to care for the couple’s children, contributions each spouse made to the other spouse’s career or education, the time needed for a spouse seeking support to be able to obtain education or job training, and any other relevant circumstances.

The purpose of spousal support is to provide economic assistance to a lower-earning or non-earning spouse who may be at a financial disadvantage following the end of the marriage. It aims to help both spouses maintain a lifestyle similar to what they enjoyed during their marital relationship.

Types of Spousal Support in Ohio

Ohio divorce court judges have the discretion to award spousal support in whatever manner they believe is appropriate. The factors described above will be considered to determine whether spousal support should be paid and if so, how much one spouse will pay to the other and how long these payments will last. Some common types of spousal support that are awarded include:

• Temporary spousal support: Depending on the needs of the spouses, support may be paid while the divorce is pending. The purpose of this form of spousal support is primarily to ensure both parties can meet their ongoing financial obligations during the divorce process.

• Rehabilitative spousal support: In some cases, financial support may be paid for a limited period of time. This form of support is generally meant to help the recipient gain skills or education necessary for self-sufficiency. For example, a spouse may receive support that will allow them to meet their needs while they are pursuing a college degree.

• Permanent/long-term spousal support: If a couple has been married for several years, and one spouse will need financial assistance in order to maintain their lifestyle, spousal support may be paid for multiple years or even permanently. This form of support may be appropriate if there are issues such as illnesses or disabilities that will affect a spouse’s ability to pursue employment or in cases where there are large disparities between the incomes earned by each spouse. 

Modification of Spousal Support in Ohio

Ohio law acknowledges that circumstances can change over time, and it allows for spousal support modifications to be made under certain conditions. In general, a court may modify the terms of spousal support if either party’s circumstances have changed such that the previous spousal support order is no longer appropriate. 

Most of the time, changes in circumstances will be related to adjustments to the income earned by one or both parties. These may include increases in income that would require support to be recalculated, the involuntary loss of employment by either party or a substantial increase in living expenses or medical expenses for either ex-spouse. As long as a couple’s divorce decree states that the court is authorized to make changes to spousal support when necessary, a judge may review the changed circumstances and decide whether to increase, decrease, extend, or terminate the support payments.

Contact Our Medina, OH Spousal Support Modification Attorneys

If you are seeking a modification of spousal support after your divorce in Ohio, The Law Office of Whitney K.S. Miller, LLC can advise you of your options, and we will represent you in legal proceedings, helping you demonstrate why your request to increase, decrease, or terminate support should be granted. Our Summit County, OH spousal support lawyers will advocate on your behalf to ensure that the financial issues affecting you will be addressed correctly. Contact us at 330-725-4114 to learn more about how we can help with your case. We provide free consultations for most clients.