How Long Does Spousal Support Last in Ohio?

how long does spousal support last in Ohio

When Can Spousal Support Last Indefinitely in Ohio?

How long does spousal support last in Ohio? When an Ohio court awards spousal support, one of the most important questions is how long the payments will continue. Contrary to a common misconception, a long marriage does not automatically mean permanent spousal support.

Ohio Generally Favors Time-Limited Support

In Kunkle v. Kunkle, 51 Ohio St.3d 64 (1990), the Ohio Supreme Court established that spousal support should generally be limited to a reasonable period and terminate on a date certain when the recipient spouse has the ability and potential to become self-supporting.

Kunkle identified circumstances that may justify indefinite support, including:

  • A marriage for a long duration;
  • Parties of advanced age; or
  • A spouse who has been a homemaker with limited opportunities to develop meaningful employment.

However, these circumstances do not automatically require indefinite support.

What Factors Determine How Long Spousal Support Lasts in Ohio?… View Full Article → “How Long Does Spousal Support Last in Ohio?”

The Importance of the De Facto End Date of Marriage in an Ohio Divorce

de facto end date of marriage Ohio

What Is a De Facto End Date of Marriage in Ohio?

In an Ohio divorce, the de facto end date of marriage Ohio courts apply can significantly impact property division, debt allocation, and spousal support. In typical divorce proceedings, the end date of marriage is the date of the final hearing, when the divorce is granted.

However, this isn’t always the case. A court can determine what is called a de facto end date of marriage. This sets the termination date of the marriage prior to the final hearing and decree, despite not having obtained said decree yet. That date frequently may be determined to be the date of separation or perhaps the filing date of the divorce complaint.

In addition, a hotly contested divorce case can take a year or longer to complete, which can add to the importance of filing a motion to determine the De Facto termination date of the marriage, especially if you are representing the spouse earning most of the marital income!… View Full Article → “The Importance of the De Facto End Date of Marriage in an Ohio Divorce”