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I am leaving my husband and returning, with his knowledge and consent, with our 2 children, to Oregon from Ohio. I know there Ohio has a spousal support law, but not sure if Oregon does. Do I need to file for divorce in Ohio before I leave to be eligible? Also, how is spousal support figured?
Response: Every state in the United States has "spousal support law." The factors that each states uses in deciding whether spousal support should be ordered and what the amount would be is what is slightly different from state to state. So, you do not have to file first in Ohio to be eligible for spousal support in Oregon. For Ohio, the factors the Court would review when deciding whether to order spousal support is as follows:
1)The income of the parties, from all sources.
2)The relative earning abilities of the parties.
3)The ages and the physical, mental, and emotional conditions of the parties.
4)The retirement benefits of the parties.
5)The duration of the marriage.
6)How appropriate it would be for the custodial parent of a minor child of the marriage to seek employment outside the home.
7)The standard of living established during the marriage.
8)The relative extent of education of the parties.
9)The relative assets and liabilities of the parties.
10)The contribution of each party to the education, training, or earning ability of the other party.
11)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.
12)The tax consequences, for each party, of an award of spousal support.
13)The lost income production capacity of either party that resulted from that party's marital responsibilities;
14)Any other factor that the court expressly finds to be relevant and equitable.
See Ohio Revised Code Section 3105.18 The amount ordered by the Court would depend on the income and expenses of the parties.
In Oregon, the Court would review the following factors to determine whether to order spousal support:
1)Duration of the marriage,
2)The age, health, and station of each party,
3)The standard of living established during the marriage,
4)The relative earning capacity of the parties,
5)The financial needs and resources of each party,
6)The tax consequences to each party,
7)Custodial and child support responsibilities of each party,
8)Any other factors that the court deems just and equitable.
See Oregon Revised Statutes Section 107.105. The amount ordered by the Court would depend on the income and expenses of the parties.
You must reside in Oregon for six months before filing for divorce there. See Oregon Revised Statutes Sections 107.075 and 107.086.