Cleveland Spousal Support Lawyer

Trusted Spousal Support Attorney in Cleveland, OH

Dissolving a marriage can be a stressful and overwhelming process. Regardless of whether you initiated the divorce or were served with divorce papers, many things need to be accomplished before the divorce can be finalized. If you think your situation warrants spousal support, you need a Cleveland spousal support lawyer who can review your circumstances and help you receive a fair spousal support agreement.

Hire a Spousal Support Lawyer

When you’re going through a divorce, it can be challenging to handle the process without legal representation. When you hire a spousal support lawyer, you gain an ally who can safeguard your rights and help you achieve a favorable outcome. At Nowlin Family Law, our Cleveland family attorney has helped clients throughout Northeast Ohio reach fair spousal support agreements. Attorney Nowlin uses his legal experience and compassionate guidance to help you achieve your goals.

Divorce in Cuyahoga County

Within the Department of Health, annual data on marriage and divorce rates in each county in Ohio are released through the Bureau of Vital Statistics. In Cuyahoga County in 2023, there were 5,790 marriages and 2,730 divorces. The divorce rate was 2.2 per 1,000 total population. The number of divorces that included minor children was 1,084, affecting 1,998 children. The divorce rate per 100 marriages was 47.2.

When seeking spousal support in Cleveland, your case is handled by the Cuyahoga County Domestic Relations Court. Issues of spousal support, division of property, and divorce are heard by magistrates for initial review, and then the final orders are reviewed and signed by the judge handling the case.

The Basics of Spousal Support

Spousal support allocates funds from one spouse to the other after a divorce to help them maintain their standard of living and to offer compensation for the loss of earning potential that resulted from the marriage. Under the presumption that both spouses contributed equally to the procurement of marital assets, the standard for determining whether spousal support is necessary is “appropriate and reasonable.”

With no formula to calculate support payments, judges rely on numerous factors to determine whether spousal support is necessary and to decide how much support to award. Factors examined may include:

• Income of both spouses
• The earning abilities of both spouses
• Length of the marriage
• Age of both spouses
• Physical, mental, and emotional stability of both spouses
• Retirement accounts
• Who has the status as the custodial parent of any minor children
• Standard of living during the marriage
• Educational background of both spouses
• Assets and liabilities of both spouses
• Contributions toward the educational or professional achievements of the other
• The time and effort necessary for the spouse seeking support to improve their earning potential
• Potential tax consequences
• Lost income production capacity due to marital responsibilities

Based on these factors, and any other factors the judge deems relevant, spousal support may be set. There are two types of spousal support that a judge can award:

• Temporary spousal support is designed to provide support to the lower-earning spouse during the divorce process. When the divorce is finalized, temporary support payments also end.
• Regular spousal support can be awarded as soon as a divorce is finalized if a judge decides it is appropriate and reasonable. This longer-term support could be awarded indefinitely, ordered to end on a specific date, or ordered to end if a specific event occurs.

Steps to Modify Spousal Support

Spousal support agreements are not automatically modifiable unless the divorce decree expressly states that the spousal support order is modifiable. Spouses can mutually agree to make an order modifiable, but if they do not, the court does not retain jurisdiction over the spousal support order. If an order is not modifiable, the party seeking a modification must demonstrate that the modification is warranted.

If the order is modifiable, the court can order modifications, but there has to be a material or substantial change in the circumstances of either spouse that renders the existing order no longer reasonable and appropriate. These circumstances could include:

• Changes in income
• The spouse receiving support has remarried
• Death of one of the spouses
• Cohabitation by the spouse receiving support
• Retirement of the spouse making support payments

FAQs

How Is Spousal Support Calculated in Ohio?

Spousal support calculations in Ohio are made at the discretion of the judge. There is no official formula for calculating spousal support. Judges consider the length of the marriage when deciding to award spousal support. Spousal support could be awarded as periodic payments, a lump sum payment, or as an award of property. Spousal support can have a set end date, end when a specific event occurs, or continue indefinitely.

What Can Prevent You From Receiving Spousal Support in Ohio?

Some circumstances can disqualify you from spousal support eligibility in Ohio. If you have a similar earning capacity as your spouse or are financially independent, there is no need to issue spousal support to maintain your standard of living. If you engaged in marital misconduct, it could influence whether a judge issues spousal support. Shorter marriages are also less likely to qualify for spousal support.

What Money Can’t Be Touched in a Divorce?

During a divorce, only marital assets are subject to division. When a judge considers each spouse’s income when deciding on a spousal support payment amount, certain incomes and assets are not considered. Child support payment amounts cannot be considered when deciding spousal support, nor can separate or pre-marital assets or income. Gifts and inheritances to only one spouse are also not considered.

Is Spousal Support Automatically Granted in Ohio?

No, spousal support is not automatically granted in Ohio. Under Ohio Revised Code Section 3105.18, spousal support has to be formally requested for a judge’s consideration. When deciding if spousal support is appropriate, the judge considers the length of the marriage, the need for support, the ability to pay support, the earning ability of the spouse requesting support, and the current standard of living.

Contact Nowlin Family Law, LLC

As a Certified Arbitrator with the American Academy of Matrimonial Lawyers, Attorney Nowlin understands the complexities of divorce cases and the importance of securing a fair spousal support agreement. When you need guidance during your divorce, our team is dedicated to getting you results. Contact Nowlin Family Law, LLC to schedule your initial consultation.

Nowlin Family Law – Cleveland Office

18500 Lake Road, Ste. 300,
Rocky River, Ohio 44116
Phone: 216-493-0235