This calculator provides an *estimated* guideline for potential spousal support in Ohio based on statutory factors. It is not legal advice and should not substitute consultation with a qualified attorney.
Yes
No
Estimated Monthly Alimony Payment:
$0.00
Understanding Ohio Alimony (Spousal Support)
In Ohio, alimony, also known as spousal support, is financial assistance paid by one spouse to the other during or after a divorce or dissolution. It is not an automatic right and is determined by the court based on a variety of factors. The primary goal of alimony is to ensure that both parties can maintain a reasonable standard of living after the divorce, especially if there has been a significant disparity in income or earning capacity between the spouses, or if one spouse sacrificed career opportunities to support the other.
How Ohio Courts Determine Alimony
Ohio Revised Code Section 3105.18 outlines the factors a court must consider when awarding alimony. These factors are not exhaustive, and the court has discretion in weighing them. Key considerations include:
The income and earning abilities of the parties.
The relative needs of the parties.
The age and physical, mental, and emotional condition of each party.
The duration of the marriage.
The retirement benefits of each party.
The desirability of the court's awarding the family home, or the right to live in the family home, to one of the parties for any period.
The education, training, and employment history of the parties.
The employability of each party.
The assets and liabilities of each party.
The contribution of each party to the marriage, including but not limited to, contributions as a homemaker.
The tax consequences of the spousal support order.
The parties' ability to support themselves.
Any mutual agreement between the parties concerning alimony.
While Ohio law does not mandate a strict formula for alimony, courts often use guidelines or consider income disparities. A common guideline, particularly for marriages of moderate duration, focuses on the income difference. This calculator uses a simplified approach for illustrative purposes, which is NOT a substitute for legal advice:
Calculate Income Difference: The difference between the higher and lower gross annual incomes is determined.
Apply a Percentage: A portion of this difference is typically awarded as alimony. For shorter to moderate marriages, this might range from 20% to 30% of the income difference. For longer marriages, it could be higher or for a longer duration.
Consider Marriage Duration: The length of the marriage significantly impacts the duration and amount of alimony. Ohio courts often link alimony duration to the marriage length (e.g., one-half the length of the marriage for moderate durations).
Custody of Children: If the wife has primary physical custody of minor children, this can influence the court's decision, potentially increasing the need for support to facilitate childcare.
Important Note: This calculator implements a basic guideline that focuses on income disparity and marriage duration. It aims to provide a rough estimate. Real-world alimony awards are complex and depend heavily on the specific facts and circumstances presented to the court, as well as judicial discretion. Always consult with an Ohio divorce attorney.
function calculateAlimony() {
var husbandIncome = parseFloat(document.getElementById("husbandIncome").value);
var wifeIncome = parseFloat(document.getElementById("wifeIncome").value);
var marriageDuration = parseFloat(document.getElementById("marriageDuration").value);
var childrenCustody = document.getElementById("childrenCustody").value;
var alimonyAmount = 0;
var notes = "";
// Basic validation
if (isNaN(husbandIncome) || isNaN(wifeIncome) || isNaN(marriageDuration) || husbandIncome < 0 || wifeIncome < 0 || marriageDuration < 0) {
document.getElementById("alimonyAmount").innerText = "Invalid input. Please enter valid numbers.";
document.getElementById("notes").innerText = "";
return;
}
// Determine higher and lower earner
var higherIncome = Math.max(husbandIncome, wifeIncome);
var lowerIncome = Math.min(husbandIncome, wifeIncome);
var incomeDifference = higherIncome – lowerIncome;
// — Simplified Alimony Guideline Implementation —
// This is a very simplified model for illustrative purposes.
// Actual Ohio alimony is highly discretionary and fact-dependent.
var alimonyPercentageOfDifference = 0.25; // Default: 25% of income difference
var alimonyDurationInYears = 0;
if (marriageDuration <= 5) {
alimonyPercentageOfDifference = 0.20; // Lower percentage for shorter marriages
alimonyDurationInYears = marriageDuration * 0.5; // Up to half the marriage duration
} else if (marriageDuration <= 10) {
alimonyPercentageOfDifference = 0.25;
alimonyDurationInYears = marriageDuration * 0.6; // Up to 60% of marriage duration
} else if (marriageDuration wifeIncome) {
alimonyAmount = incomeDifference * alimonyPercentageOfDifference;
} else if (wifeIncome > husbandIncome) {
alimonyAmount = incomeDifference * alimonyPercentageOfDifference;
} else { // Equal incomes, unlikely to have significant alimony based on this factor alone
alimonyAmount = 0;
alimonyDurationInYears = 0;
}
// Cap alimony at a percentage of the payer's income (e.g., 30% of payer's income)
// This is a common judicial consideration to prevent overly burdensome payments.
var payerIncome = (husbandIncome > wifeIncome) ? husbandIncome : wifeIncome;
var maxAlimonyByPayerIncome = payerIncome * 0.30; // 30% cap
if (alimonyAmount > maxAlimonyByPayerIncome && payerIncome > 0) {
alimonyAmount = maxAlimonyByPayerIncome;
}
// Adjust if the calculated alimony exceeds the lower earner's income (unlikely but possible in edge cases)
if (alimonyAmount > lowerIncome && lowerIncome > 0) {
alimonyAmount = lowerIncome * 0.8; // Cap at 80% of the lower earner's income
}
// Ensure alimony is not negative
alimonyAmount = Math.max(0, alimonyAmount);
var monthlyAlimony = alimonyAmount / 12;
// Formatting the result
var formattedMonthlyAlimony = "$" + monthlyAlimony.toFixed(2);
document.getElementById("alimonyAmount").innerText = formattedMonthlyAlimony;
// Constructing notes
notes = "This is an estimated monthly alimony payment based on a simplified guideline ";
if (husbandIncome > wifeIncome) {
notes += "(Husband paying Wife). ";
} else if (wifeIncome > husbandIncome) {
notes += "(Wife paying Husband). ";
} else {
notes += "(Equal incomes assumed). ";
}
notes += "Based on a marriage of " + marriageDuration + " years. ";
if (childrenCustody === "yes") {
notes += "Primary physical custody of minor children by the wife is a factor that may influence the court's decision. ";
}
notes += "The duration of alimony may be linked to the marriage length (estimated up to " + alimonyDurationInYears.toFixed(1) + " years). ";
notes += "This is a guideline only; actual awards vary significantly based on specific case facts and judicial discretion.";
document.getElementById("notes").innerText = notes;
}