Divorce often brings financial uncertainty and one of the most common questions people have is whether they qualify for alimony. Ohio doesn’t set a strict rule about how long you must be married to receive spousal support. Instead, courts examine multiple factors to decide if support is appropriate and, if so, how long it should last.
At Zuercher Law, we help clients understand their rights when it comes to alimony. Let’s break down what matters most in Ohio spousal support cases, how marriage length factors in, and what judges consider when making a decision.
The Myth of the “Magic Number”
One of the biggest misconceptions about alimony, called “spousal support”,is that there’s a set number of years you must be married to qualify. Some believe that if a marriage lasts ten years, alimony is automatic, while others think a short marriage disqualifies a spouse entirely. Neither is true.
Ohio courts do consider how long a marriage lasted, but it’s just one of many factors. There is no magic number that guarantees or disqualifies you from receiving spousal support.
For example:
- A couple married for four years might see an alimony award if one spouse put their career on hold to support the other’s education.
- A couple married for ten years might not see any alimony if both partners earned similar incomes and remained financially independent throughout the marriage.
While longer marriages may make alimony more likely, judges always look at the bigger picture before making a decision.
Factors Ohio Courts Consider for Alimony (Ohio Revised Code Section 3105.18)
Instead of a strict marriage-length rule, Ohio courts rely on several key factors to determine whether alimony is appropriate. These include:
Income of the Parties
The court reviews both spouses’ incomes to determine financial need and ability to pay. A large income gap between spouses can increase the chances of an alimony award.
Earning Abilities of the Parties
A judge will consider not just how much a spouse earns but also their potential to earn. If one spouse is underemployed or has been out of the workforce for years, alimony might be necessary to help them regain financial independence.
Age and Health of the Parties
Health conditions and age can play a role in determining alimony. A spouse with serious health issues may struggle to become self-sufficient, making support more likely.
Standard of Living during the Marriage
Courts try to ensure that neither spouse experiences extreme financial hardship after divorce. While maintaining the exact same lifestyle isn’t always possible, judges aim for a fair outcome that prevents a dramatic financial shift.
Length of the Marriage
While not a deciding factor on its own, the duration of the marriage does matter. In general, longer marriages increase the likelihood of spousal support, particularly when one spouse was financially dependent on the other.
Property Division in the Divorce
The way assets and debts are divided can impact spousal support. If one spouse receives a larger share of marital assets, they may not need as much financial support.
Contributions to the Marriage
Judges recognize that financial contributions aren’t the only ones that matter. A spouse who stayed home to raise children, managed the household, or supported the other’s career advancement may be awarded alimony for their non-financial contributions.
Education of the Parties
If one spouse has significantly more education or training, they may have better job opportunities, making alimony less necessary for them and more necessary for the other spouse.
Any Other Relevant Factors
Courts have the flexibility to consider any additional factors they believe are fair. This allows for a case-by-case approach to ensure just outcomes.
Short-Term vs. Long-Term Marriages and Alimony
There’s a common belief that only long-term marriages result in alimony. While it’s true that longer marriages are more likely to involve support, there are no strict rules.
Short-Term Marriages
Spousal support can still be awarded in short marriages, especially if one spouse made sacrifices for the other’s career or education. In these cases, rehabilitative alimony may be granted to help the lower-earning spouse become financially independent.
Long-Term Marriages
Longer marriages generally have a greater chance of leading to ongoing or permanent alimony, especially if one spouse cannot reasonably support themselves due to age, health, or long-term financial dependence.
Types of Alimony in Ohio
- Temporary Alimony – Awarded while the divorce is ongoing.
- Rehabilitative Alimony – Helps a spouse transition back into the workforce.
- Permanent Alimony – Rare, but possible in very long marriages where one spouse cannot reasonably become self-sufficient.
Since every case is unique, it’s important to work with an experienced divorce attorney to understand your specific situation.
Termination of Alimony in Ohio
Alimony isn’t always permanent. In Ohio, spousal support can end under several circumstances:
- The recipient spouse remarries.
- The recipient spouse begins cohabitating with a new partner. Courts define cohabitation as living in a marriage-like relationship with financial support between partners.
- The court sets a specific end date for payments.
- A significant financial change occurs. If either spouse experiences a major shift in financial status—such as job loss or a substantial increase in income—alimony may be modified or terminated.
If circumstances change, a modification request can be filed to adjust or stop support payments.
Need Legal Guidance? Zuercher Law Can Help
If you’re facing divorce and wondering about alimony, you don’t have to go it alone. At Zuercher Law, we help Ohio residents understand their legal rights and pursue fair financial outcomes. With nearly two decades of experience, Liz Zuercher provides compassionate, knowledgeable legal support tailored to your unique situation.
Protect your future. Contact Zuercher Law today for a confidential consultation. Call 614-633-4774 or visit our Contact Us page to get started.
