In Ohio, Spousal support is based upon a number of factors, only one of which is the relative earning ability of the parties. You need to consult with a family law attorney in your area to have an assessment of all the facts in your particular situation. On balance, I would say that you have a better than reasonable chance to retain your disability income. HOWEVER, you should not take that to mean that your case does not need to be properly prepared and presented to the Court. Invest in your future and hire good legal counsel.
IMPORTANT LEGAL NOTICE: Mr. Piper's response set forth above is not legal advice and it does not create an attorney-client relationship. Mr. Piper's responses to all questions posted on AVVO are intended to provide general information based upon the his understanding of the facts stated in the question, and are for the general educational purposes of the public, not any specific individual. Also, a particular case may involve additional facts and circumstances which might invalidate some or all of the concepts provided in this answer and therefore you should not rely upon this answer in any individual situation. In order to offer legal advice about this or any similar situation, a qualified attorney would likely need to consider many factors not stated in the question and would need to question the potential client in order to clarify the specific facts operable in that case. If you would like to obtain specific legal advice about this issue, it is recommended that you contact an attorney in your state. Mr. Piper is licensed to practice law in the State of Ohio, and may be contacted directly via email at: [email protected]
All courts in Ohio must consider the factors to determine spousal support set forth in Ohio Revised Code Section 3105.18. Some Courts implement an income equalization model where the courts try to equalize the incomes between the parties. Presently, not all 88 counties in Ohio have the same method of calculating spousal support. Since there is so much that goes into evaluating and advocating for division of property and spousal support I highly recommend that you consult with a qualified divorce lawyer in your community. You can search on AVVO, contact your local bar association, network with co-workers, neighbors and friends to find several qualified lawyers and then start interviewing them to determine who will best serve your legal needs.
ANSWERS TO QUESTIONS POSTED ARE FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT TO BE CONSTRUED AS CREATING AN ATTORNEY-CLIENT RELATIONSHIP. SPECIFIC QUESTIONS SHOULD BE ADDRESSED WITH A QUALIFIED ATTORNEY OF YOUR CHOOSING.
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