Spousal support is an award of money or in-kind payments my by one spouse to or for the benefit of the other spouse. There are two types of spousal support, temporary and permanent. Temporary spousal support is an award that is in effect during the resolution of your case. Permanent spousal support is an award that becomes effective at the end of your case for a specified duration. This blog will focus on temporary spousal support.

The issue of spousal support is often one of the most contentious issues in a divorce. Nobody wants to pay spousal support yet everybody wants to receive spousal support. An award of temporary spousal support is made to sustain the lower income spouse while the case is pending. You should discuss the issue of temporary spousal support with your attorney in order to determine whether an award is appropriate and, if so, how the amount.

Begin by discussing with your attorney whether or not you will qualify for spousal support. According to the Ohio State Bar Association, the two most important factors considered are length of marriage and income of spouses. A number of other factors are also taken into account including, but not limited to:

• Physical, emotional, and mental health
• Education and earning ability
• Standard of living during marriage
• Age of spouses

In addition to the reasons listed above, the court looks at the practical nature of a spouse seeking employment outside of the home.

Unfortunately, Ohio has no defined formula for determining the nature, amount, terms of payment, and duration of spousal support. Awards are at the discretion of the court and each case is determined based on its own unique circumstances. This leads to differing opinions and awards. Because support is unpredictable, you and your attorney should discuss the details of your circumstances and make an educated guess as to how the court is likely to rule.

How Long Does Temporary Spousal Support Last?

The order for temporary spousal support is in place until the final divorce judgment. This occurs after you have settled your case or gone to trial, and the judge provides you with a Judgement and Decree.

What’s the Benefit of Requesting Temporary Spousal Support?

A request for temporary spousal support conveys to the Court a need for immediate financial assistance. Waiting might convey the message that you are able to make ends meet well enough and support is not necessary. Temporary spousal support also ensures that you have economic resources during the divorce to pay your living expenses.

The Cincinnati family law attorneys at Moskowitz & Moskowitz, LLC have experience dealing with spousal support issues. We skillfully represent our clients in all aspects of family law.