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CALCULATING THE SUPPORT

Going through a divorce can be an upsetting and stressful process.  Between determining who gets what, sharing parenting times, and splitting a life built as one into two reasonably equitable portions can be draining.  At Lardiere McNair, our domestic team works diligently to fight for our client’s best interest with the fairest possible outcome.

A major concern of parties in a divorce is how to adjust from a certain financial lifestyle to a more solo income.  A common question in domestic cases relates to the amount of spousal support a party is eligible to receive.  While there is no specific formula for calculating spousal support, under Ohio law, the court considers fourteen statutory factors.  These factors range anywhere from the standard of living the parties established during the marriage to retirement and educational benefits of each of the parties.  However, two commonly weighed factors are the length or the marriage and the income of each party. Domestic court judges take different approaches depending on the discrepancy between the parties’ wage amounts, each parties earning capacity and each person’s monthly necessary expenses.

When calculating spousal support, the goal of the court is to reach an unbiased and objectively equitable result. The court must consider whether spousal support is appropriate and reasonable.  Therefore, determining spousal support is conducted on a case- by- case basis.

Two common misconceptions are that only a wife is entitled to spousal support and that the court always finds that spousal support must be paid. First, spousal support is not based on gender.  Instead, spousal support is designed to take each parties’ income and resources into consideration to provide a balanced outcome for both parties.  Either spouse can be ordered to pay support to the other if the court finds the support to be reasonably necessary.  Second, the court does not always award spousal support to one of the parties.  If the parties have generally equal incomes or a short duration marriage, it is possible that the court does not grant spousal support to either party.  Every domestic case is unique and therefore, every case is individually factored and decided when determining spousal support.

Adapting to each unique case is a strong trait for our domestic team.  Our domestic attorneys work hard to walk through the divorce process with each client, customizing aspects of individual cases to best suit specific needs and desires.  Fighting to make sure each client receives the resources and support they are entitled to is the common goal throughout our domestic practice.  Spousal support is just one aspect of many to consider when contemplating a divorce.  The attorneys at Lardiere McNair are here to help guide you through the difficult process with your best interests in mind.

Annemarie Gill is a Law Clerk at Lardiere McNair, LLC.  To read more about our firm, please visit www.lmcounsel.com.

The information presented here has been prepared by Lardiere McNair for promotional and informational purposes only and should not be considered legal advice.  This information is not intended to provide, and receipt of it does not constitute, legal advice.  Nor does the receipt of this material create an attorney/client relationship.  An attorney client relationship is not established until such time as Lardiere McNair enters in to a written engagement agreement with a specific client for a specific legal matter.

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