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In the state of Ohio how long do you have to be married to qualify for spousal support?

Canton, OH |
Filed under: Alimony

will be married 2 years on 8/23/10....no kids but married under the impression that kids were an option. now my husband does not want kids and is trying to get out of the marriage.

Attorney Answers 2

Posted

You're very VERY unlikely to get any spousal support after only a 2 year marriage where there are no kids. Is it impossible?... no, but the duration of the marriage is one of the most important factors. Spousal support is more likely in a marriage lasting 15 or 20 years. While there's no set time limit, courts are more likely to tell spouses in a 2 year marriage to go support themselves.

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2 comments

Asker

Posted

My brother is going through a divorce. He and his wife have been seperated for a couple of months, he's moved out and moved on with someone else, there are pictures of them together, but she does not live with him. Him and his wife (soon to be ex-wife) do not share any assets, children, mortgage, vehicles, litterally NOTHING together and only married for 4 years. She wants allimony because he's moved on. What does the law state about this situation? Thanks

Christopher Joseph Tamms

Christopher Joseph Tamms

Posted

Alimony is governed by statue and there are a number of factors that the court can consider. R.C. 3105.18 lists the factors that a court can consider. Absent from this list is whether one spouse has "moved on." For a 4 year marriage, there would have to be pretty compelling issues to make any award of spousal support, however, I strongly suggest your brother talk to an attorney about his concerns and retain someone for the divorce. It might not be a complicated divorce, but it still pays to have it done right.

Posted

There is not time limit, but duration of the marriage is a key factor as is difference in income. After two years, most courts won't consider spousal support unless there is a substantial reason - you quit a job and relocated for example - to grant such. If you are getting involved into a divorce after such a short term, you should focus more on the assets of the marriage and how those get divided versus wasting time on arguing for spousal support.

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