Spousal Support and Alimony Lawyers in Cincinnati

Spousal support is often a key component of divorce proceedings. Unfortunately, it’s also one of the most challenging and contentious issues in a divorce. The party that has to pay the spousal support wants to minimize the financial burden on them, while the other party aims to get the maximum support.

At Ernst & Associates, LLC, we specialize in family law, such as spousal support and alimony. With our experience in handling complex and challenging cases, we know how to get our clients justice through the legal system. Whether a solution is reached in or out of court, our spousal support and alimony attorneys in Cincinnati won’t rest until we secure the best possible outcome for our clients.

Understanding Spousal Support

Financial support for a former spouse is intended to close the gap between the person’s earnings potential and the standard of living they had during marriage. Spousal support is not gender specific, so either of the spouses can be ordered to make payments to the other.

The payment terms are either court-ordered or agreed upon by the spouses. There are advantages to reaching an agreement out of court, but as former spouses are often reluctant to pay a significant amount in spousal support, such disputes are often resolved by a judge.

Spousal support can be temporary or permanent. As the party seeking spousal support may need financial assistance through the divorce process, the court orders a temporary spousal support order.

Permanent spousal support is a more long-term arrangement and is awarded after the divorce is finalized. The duration of permanent spousal support can be for a limited period or indefinite.

Spousal support and alimony are often used interchangeably as they serve the same fundamental purpose. The term “alimony” is still used in certain jurisdictions. However, spousal support is a more modern term and is used commonly by divorce and alimony lawyers in Cincinnati.

Legal Criteria For Awarding Support

Generally, there is no one formula or legal standard for determining spousal support. The court would consider several factors to determine if the spouse meets the legal criteria for receiving support and also to determine how much support is merited. Factors typically include the length of the marriage, the age of the spouses, the standard of living during the marriage, the health of the spouses, and the financial resources available to each party.

The court may also consider the contributions of the spouse to the marriage. For example, if one spouse decides to leave their profession and become a stay-at-home parent to take care of the children and manage household chores, then their professional sacrifices and the value of their unpaid labor are taken into account.

As this spouse may not have worked for a considerable amount of time, they might find it challenging to go back to work. As a result, they must be compensated for the circumstances. This issue is more common in divorce cases with long-term marriages. In short-term marriage, the non-working spouse may require less time to find employment or a new source of income.

Financial Planning and Tax Considerations

When finalizing spousal support, financial planning and tax considerations play crucial roles in ensuring both parties are adequately prepared for the future. Spousal support payments are no longer tax deductible and are not considered taxable income for the recipient. While this law would benefit the receipt, it can result in an extra burden for the party who makes the payments.

While spousal support is meant to provide financial assistance that allows the receipt to maintain the standard of living they had during marriage, they might not get the payment they expect for several reasons, including a decline in the financial standing of the spouse, changes in their income or employment status, and unforeseen financial hardships. This means the spousal support recipient has to be smart in how they use the payments. Budgeting and long-term planning can help them make the most use of their financial support. They can also consider obtaining insurance for added financial coverage.

Consult a spousal support lawyer to learn more about financial planning and tax conditions. If you have a complex case, we can also guide you to a tax professional or financial advisor who offers expert advice so you can make informed decisions about your spousal support arrangements.

Common Challenges in Spousal Support Cases

There are several challenges in spousal support cases, such as determining the appropriate amount of spousal support. The court will consider several factors in determining the amount. An attorney can help you gather and present evidence to support your spousal support claim.

Another challenge is changes in circumstances. Life changes are inevitable. In some cases, they can impact the ability of the person to make payments, or they may change the needs of the recipients. For example, pay cuts or health issues may change the financial standing of the payer. Similarly, if the recipient has secured a stable job or gets married again, their financial standing might change, requiring a modification to a spousal support agreement.

There can also be challenges in the form of enforcement of the payments. While the payer is required to ensure compliance with court orders, there might be issues that require intervention to ensure consistent payments.

Schedule a Free Consultation with Ernst & Associates, LLC

If you need spousal support or alimony legal advice, contact us at Ernst & Associates, LLC. Our spousal support lawyers in Cincinnati take a holistic approach to negotiating and structuring spousal support. We can also guide you on your spousal support obligations and rights.

We can assist you in other divorce matters, such as child support, asset division, estate planning, and enforcement of prenuptial agreements. Contact us today to schedule a free consultation with our family law lawyers in Cincinnati.