Spousal support can be an important element of an Ohio divorce or dissolution. Spouses who stopped working or deprioritized their careers may not have the earning potential to support themselves.
Other times, medical challenges for one spouse might prevent them from working. They may also have agreed to assume primary custody over a child with special needs who is likely to require around-the-clock support and may never live independently.
Child support orders are typically automatic when parents divorce. Can dependent spouses also count on the state to award them spousal support at the end of a marriage?
People must petition the courts for spousal support
Child support is automatic because children often do not understand the law and therefore cannot advocate on their own behalf. The legal system has procedures in place to help ensure that divorcing or separated parents meet the needs of their shared children.
Adult spouses can decide for themselves if they require support. Therefore, the party seeking spousal support typically has to submit a petition to the courts. They need to provide documentation affirming their need for support and the other spouse’s ability to pay.
The courts then review various details, including the length of the marriage, the health of the spouses and other unique factors that may influence eligibility for spousal support, the amount of support ordered and the duration of the order. People seeking spousal support often face a more complex divorce process than those who do not.
Understanding how the family courts handle spousal support requests can be beneficial for those who need support to become independent after a divorce. Dependent and lower-earning spouses may need to discuss their concerns with a lawyer to determine what is possible.