How does alimony work in Ohio?
Ohio spousal support is governed by Ohio Revised Code § 3105.18 and is among the most discretionary alimony regimes in the U.S.
1. No Formula
Ohio explicitly rejects a statewide guideline. Each spousal support award is determined case-by-case under the 14 factors in § 3105.18(C)(1).
2. The 14 Statutory Factors
3. Two Components: Amount and Duration
The court determines both the amount and duration. There is no statutory duration cap, but Ohio courts often apply an informal "one year of support per three years of marriage" rule of thumb — though this is not binding.
4. Marriage Duration as Critical Factor
5. Modification — Critical Procedural Trap
Under § 3105.18(E), post-decree spousal support is modifiable ONLY if the divorce decree expressly reserves jurisdiction to modify. If the decree is silent, the award is not modifiable — even on a major change of circumstances. This is one of Ohio's most distinctive (and most-litigated) features.
6. Termination
7. Temporary Spousal Support
During pending divorce proceedings, courts may order temporary spousal support under Civ.R. 75(N).
8. Tax Treatment
Per the federal TCJA, awards entered after January 1, 2019 are not deductible by payor and not taxable to recipient.
This is legal information, not legal advice.
- Drafting your decree to ensure modification jurisdiction is reserved
- Your marriage is 20+ years and indefinite support is on the table
- You need to terminate support due to cohabitation but the decree is silent
- Ohio Rev. Code § 3105.18
- Ohio Civ.R. 75(N)
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.