The Nickolls Law Firm LLC

Spousal Support

Often the issue of spousal support is the most contested property issue in a divorce or dissolution. You should be aware that spousal support is awarded. There are, however, factors that a Court shall consider when making a determination of spousal support, which include:

• Income from the parties from all sources;

• Relative earning abilities;

• Ages and physical, mental, and emotions conditions;

• Retirement benefits;

• Duration of the marriage,

• Child care related limitations on outside employment during marriage;

• Standard of living of the parties established during the marriage;

• Education of the parties;

• Assets and liabilities of the parties;

• Contributions to earning ability of the other spouse;

• Time and expense necessary to acquire education/training/job experience;

• Tax consequences for each party of an award of spousal support; responsibilities; and

• Any other factor that the court expressly finds to be relevant and equitable.

• When developing a final agreement on spousal support you need to determine:

• The term (amount of time spousal support is paid);

• The amount of support to be paid; and

• Whether you want the court to have continued jurisdiction to modify the amount or terms of support.

Again, this is just a guideline for you to follow. By consulting with an attorney you will be provided more in-depth legal advice on this issue. It is also important that you consult an attorney who works in the County that you are beginning your divorce or dissolution proceedings as each County may have its own standards (including the above) when determining a spousal support award. The attorneys at The Nickolls Law Firm LLC practice in Cuyahoga County, Geauga County, Huron County, Lake County, Lorain County, and Summit County.
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