Is Spousal Support in Divorce Mediation Appropriate?

Is Spousal Support Appropriate?

At a certain point in your Divorce Mediation process, you may wonder whether spousal support is reasonable in your circumstances.
Before calculating the expected payments, you must first understand the factors influencing whether spousal support is appropriate.

What is Spousal Support?

Ohio law defines “spousal support” as “any payment or payments to be made to a spouse or former spouse, or to a third party for the benefit of a spouse or a former spouse, that is both for sustenance and for support of the spouse or former spouse.”  Ohio Revised Code 3105.18(A).

The law does not provide a mathematical calculation or formula for determining whether spousal support is appropriate, how much support is suitable, or for how long support is to be paid. 

Instead, Ohio law provides a list of factors that the court must consider in “determining the nature, amount, and terms of payment, and duration of spousal support.”  ORC 3105.18(C)(1).  

Factors Considered in Determining Spousal Support

In determining spousal support, the court will consider:

• The income of the parties, from all sources…
• The relative earning abilities of the parties
• The ages and the physical, mental, and emotional conditions of the parties
• The retirement benefits of the parties
• The duration of the marriage
• The extent to which it would be inappropriate for a party, because that party will be custodian of a minor child of the marriage, to seek employment outside the home
• The standard of living of the parties established during the marriage
• The relative extent of education of the parties
• The relative assets and liabilities of the parties, including but not limited to any court-ordered payments by the parties
• 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
• 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
• The tax consequences, for each party, of an award of spousal support
• The lost income production capacity of either party that resulted from that party’s marital responsibilities
• Any other factor that the court expressly finds to be relevant and equitable

ORC 3105.18(C)(1)(a-n).

The Ohio statute also states:  “In determining whether spousal support is reasonable and in determining the amount and terms of payment of spousal support, each party shall be considered to have contributed equally to the production of marital income.”  ORC 3105.18(C)(2).

How Does Spousal Support Work in Mediation?

Ohio courts have significant discretion in determining the spousal support issue, and in Divorce Mediation, you do too. 

In your mediation process, we will help inform you of your negotiations by giving you an idea of your county’s general approach to spousal support, but remember that you retain much control and flexibility within the mediation process.

If spousal support is appropriate, the payment amount and duration can be calculated and personalized to your needs.
Schedule a free consultation with a Mediator today to learn more about your options.