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legaleagle
legaleagle, Lawyer
Category: Family Law
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Experience:  Practicing attorney for 10 years
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I had a stroke and a heart attack in early 2004 and had to ...

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I had a stroke and a heart attack in early 2004 and had to take a disability retirement from my federal goverment job. I was 45 years of age and had 25 years of service; therefore, my disability retirement was cut significantly. Before my retirement I made more money than my husband; however, that is no longer the case. I am 100% disabiled? My husband and I are talking divorce. I''m not sure I can make it financially on my own. Will my husband have to pay me alimony?
Submitted: 6 years ago.
Category: Family Law
Expert:  legaleagle replied 6 years ago.

There is no guarantee that he will have to pay you alimony. But due to your disability, it is likely you can be awarded alimony for either a period of time or until you remarry or pass away. Below are the factors a court looks at when determining if an award of alimony is reasonable and appropriate.

In determining whether spousal support is appropriate and reasonable, and in determining the nature, amount, and terms of payment, and duration of spousal support, which is payable either in gross or in installments, the court shall consider all of the following factors:

(a) The income of the parties, from all sources, including, but not limited to, income derived from property divided, disbursed, or distributed in the divorce settlement;

(b) The relative earning abilities of the parties;

(c) The ages and the physical, mental, and emotional conditions of the parties;

(d) The retirement benefits of the parties;

(e) The duration of the marriage;

(f) The extent to which it would be inappropriate for a party, because that party will be custodian of a minor child of the marriage, to seek employment outside the home;

(g) The standard of living of the parties established during the marriage;

(h) The relative extent of education of the parties;

(i) The relative assets and liabilities of the parties, including but not limited to any court-ordered payments by the parties;

(j) The contribution of each party to the education, training, or earning ability of the other party, including, but not limited to, any party's contribution to the acquisition of a professional degree of the other party;

(k) The time and expense necessary for the spouse who is seeking spousal support to acquire education, training, or job experience so that the spouse will be qualified to obtain appropriate employment, provided the education, training, or job experience, and employment is, in fact, sought;

(l) The tax consequences, for each party, of an award of spousal support;

(m) The lost income production capacity of either party that resulted from that party's marital responsibilities;

(n) Any other factor that the court expressly finds to be relevant and equitable.

Each party shall be considered to have contributed equally to the production of marital income.

-From § 3105.18 of the Ohio Statutes.

legaleagle, Lawyer
Category: Family Law
Satisfied Customers: 13441
Experience: Practicing attorney for 10 years
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