USA – OHIO Law and Practice Contributed by: Andrew A Zashin, Amy M Keating, Kyleigh A Weinfurtner and Christopher R Reynolds, Zashin Law
amount and duration of spousal support, includ - ing the following: • the income of the parties from all sources, including income that a party receives from assets divided in the divorce proceeding; • the relative earning abilities of the parties; • the ages of the parties and any physical, mental or emotional conditions; • the retirement benefits of the parties; • the length of the marriage; • the extent to which it would be inappropriate for the custodial parent of a minor child to seek employment outside the home; • the standard of living the parties established during the marriage; • the relative extent of the parties’ education; • the relative assets and liabilities of the parties, including court-ordered payments; • the contribution either party has made to the education, training or earning ability of the other party, including a party’s contribution to the acquisition of a professional degree by the other party; • the time and expense necessary for the spouse seeking spousal support to acquire education, training or job experience so that the spouse will be qualified to obtain appro - priate employment, provided the education, training or job experience, and employment is, in fact, sought; • the tax consequences, for each party, of an award of spousal support; and, • whether a party has lost income-production capacity because of that party’s marital responsibilities. While practitioners often employ maxims when discussing the potential amount and duration of support, such as “one year of support for every three years of marriage”, in practice, if spousal support is not resolved through the agreement of
the parties, it will be addressed by the courts on a case-by-case basis. During the pendency of divorce actions, Ohio courts can also order the payment of temporary spousal or child support as necessary to maintain the “status quo” for the duration of the matter. Modification and Termination of Spousal Support Ohio domestic relations courts can only modify spousal support obligations if the divorce decree specifically retains jurisdiction for the court to do so. The decree needs to be specific as to whether the court can modify the amount of support, duration of support, or both, in order for the court to have subject matter jurisdiction to modify the same. If a divorce decree is silent with respect to modification of support, an Ohio court cannot modify the amount or duration of spousal support. Under Ohio law, spousal support awards termi - nate upon the death of either party, unless the order specifically indicates otherwise. Spousal support can also terminate or be modified upon the remarriage or cohabitation of the party receiving support if the order specifies the same. A party seeking a modification of spousal sup - port has the burden of proof to show that there has been a substantial change of circumstances since the last court order that: 1) makes the exist - ing award no longer appropriate and reasonable; and 2) was not taken into account by the parties or the court as a basis for the existing award. 2.5 Prenuptial and Postnuptial Agreements Ohio has long recognised the validity of pre - nuptial agreements and, as of March 2023, has joined 48 other states in recognising the validity of postnuptial agreements.
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