Alimony in Ohio

Alimony rules in Ohio

• Called spousal support.
• The court decides whether it is appropriate and reasonable, and its amount and length, using a list of factors (income, earning ability, ages and health, retirement benefits, length of marriage, standard of living, education, contributions, tax effects and more).
• No formula in the statute.

Law: Ohio Rev. Code 3105.18.

Alimony and property in Ohio

Spousal support is a separate question from dividing property and debts.

System

Equitable distribution

The rule

Marital property is divided equally unless an equal split would be unfair; then the court divides it in the way it finds equitable, using the statute's factors.

How to ask for alimony in Ohio

1. Ask for it in your divorce papers

   You ask for alimony in the divorce case itself, in your petition or in your response to your spouse's petition. Use the court's official divorce forms: Divorce forms (Ohio courts)

2. Pay the fee or ask for a waiver

   Can't afford it? Poverty Affidavit (Affidavit of Indigency) to file without paying the deposit up front; you may still owe costs at the end: https://www.supremecourt.ohio.gov/forms/all-forms/affidavits-of-indigency/166.

3. Agree, or let the judge decide

   If you and your spouse agree, put it in your written agreement; if not, the judge decides. Set by each county court's local rules; mediation of parenting issues is common.

4. Get it in the final decree

   Spousal support is ordered in the decree. Get a certified copy and keep it.

Questions about alimony in Ohio

More about divorce in Ohio

• All Ohio divorce laws
• Uncontested divorce in Ohio
• Child custody and support in Ohio
• Serving divorce papers in Ohio
• Divorce timeline estimator for Ohio
• Divorce checklist for Ohio
• Community property states
• Uncontested divorce: how it works

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