How many years must you be married to recieve spousal support?

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How many years must you be married to recieve spousal support?

In OH.

Asked on October 25, 2010 under Family Law, Ohio

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

In OH spousal support can be temporary or permanent. When determining whether to grant permanent spousal support and if it is granted, the nature, amount and duration of the payments, the court is required to consider 14 factors:

1.  The income of the parties, from all sources, including, but not limited to, income derived from property awarded as part of the property division in the divorce proceeding;
2.  The relative earning abilities of the parties;
3.  The ages and the physical, mental and emotional conditions of the parties;
4.  The retirement benefits of the parties;
5.  The duration of the marriage;
6.  The extent to which it would be inappropriate for a party, because he/she will be custodian of a minor child or children of the marriage, to seek employment outside the home;
7.  The standard of living of the parties established during the marriage;
8.  The relative extent of education of the parties;
9.  The relative assets and liabilities of the parties, including, but not limited to any court-ordered payments by the parties;
10. The contribution of each party to the education, training, or earning ability of the other party, including, but not limited to, any party's contribution to the acquisition of a professional degree of the other party;
11. The time and expense necessary for the spouse who is seeking spousal support to acquire education, training, or job experience so that the spouse will be qualified to obtain appropriate employment provided the education, training, or job experience, and employment is, in fact, sought;
12. The tax consequences, for each party, of an award of spousal support;
13. The lost income production capacity of either party that resulted from that party's marital responsibilities; and
14. Any other fact that the court expressly finds to be relevant and equitable.

As you can see the length of the marriage is just 1 of several factors considered in whether or not spousal support will be granted.  While there is no stated time requirment before one is eligible to recieve such support, the longer the marriage the more that weighs in the favor of the spouse seeking it. 

 


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