Proposed Spousal Support Law – Ohio

In April of 2011, the Spousal Support Subcommittee of the Ohio State Bar Association Family Law Committee had reached a final report and recommendation for new legislation designed to create predictability and consistency in establishing compensatory spousal support in all Ohio Courts.

The following formula was proposed:

1. “Regarding the “duration” of a compensatory spousal support award, a rebuttable presumption arises that it should be indefinite in a marital relationship of 25 years or more, and definite in a marital relationship between five and 25 years. For definite durations, the statutory ranges are 30% to 35% of the length of a relationship between five and 10 years; 35% to 40% of the length of a relationship of 10 to 15 years; 40% to 45% of the length of a relationship between 15 and 20 years; and, 45% to 50% of the length of a relationship of 20 to 25 years.

2. Regarding the “amount” of a compensatory spousal support award, the method for computing “is the amount that equals the difference in the income generating capacities of both spouses multiplied by an appropriate percentage selected by the court from the following applicable ranges of percentages:” 25% to 30% for marital relationships between five and 10 years; 30% to 35% for relationships between 10 and 15 years; 35% to 40% for relationships between 15 and 20 years; and 40% to 50% in relationships of 20 years or more.

3. In selecting an appropriate percentage figure within any range for the duration and amount of a compensatory spousal support award, or in exercising discretion to deviate from such ranges, the court may consider a list of factors very similar to the factors currently in the spousal support statute (RC 3105.18).

4. In any marital relationship of less than five years, issues of entitlement, duration and amount regarding any award of compensatory spousal support are completely matters for determination within the broad discretion of the court.”

DOWNLOAD THE PROPOSED SPOUSAL SUPPORT STATUE – PDF

Proposed Spousal Support Law