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Is alimony automatically rewarded in a divorce case?

Divorce proceedings often tend to turn many people in Cincinnati into so-called “experts” in family law. Often their assertions are simply based on things they read in the news or even view on popular media. One element that they may insist is inevitable in your case is alimony. 

While any income disparities between you and your soon-to-be ex-spouse will certainly come up during your divorce hearings, the awarding of alimony is not automatic. Indeed, the court considers a number of different factors on a case-by-case basis in order to determine its actual need. 

The factors determining alimony 

You may think that the court limits this determination on who makes the most money between the two of you. That is part of it, yet a relatively small one when compared to the other elements involved. Section 3105.18 of Ohio’s Revised Code shows that the other factors considered include: 

  • Yours and your ex-spouse’s current income (and your income capacities)  
  • How long your marriage lasted 
  • Your current age and health status 
  • Whether expecting either one of you to work would infringe upon the domestic responsibility of raising your children 
  • The standard of living attained during your marriage 
  • The tax implications of awarding alimony in your case 

Yours or your ex-spouse’s contributions to the other’s education or professional development also come into consideration, as does the time it may take either of you to complete the education or vocational training needed to secure gainful employment. 

The duration of alimony 

Even in instances that warrant an alimony obligation, such assistance is typically not permanent. In many cases, the court will only require one of you to pay support to the other during your divorce proceedings. Even a permanent obligation may en if and when you (or your ex-spouse) remarry.