Ohio Divorce Law...

Ohio Law - When Might Spousal Support Be Modified?

Courts will consider modifying spousal support if any of the following change:

• An increase in the payer's wages, bonuses, etc.
• An involuntary decrease in the payer's wages, bonuses, etc.
• An increase or decrease in either party's living or medical expenses.

If the ex-spouse is living with another person, and that person provides financial support or is supported, then the underlying need for spousal support is reduced or disappears.

But support may be granted despite cohabitation. Often, the result depends on whether the cohabitant was contributing to the support of the ex-spouse.

Spousal support terminates with the death of either party unless the award specifies otherwise.

Many awards also specify that spousal support terminates on the remarriage or cohabitation of the recipient spouse.

Section 3105.18.

Cases:

Moell (1994) 98 Ohio App.3d 748, 649 N.E.2d 880 (Just before the divorce was finalized, the wife suffered a stroke which left her totally paralyzed on her left side. Her former boyfriend moved in with her. The former boyfriend slept in the floor, while the husband and wife's children slept in wife's bedroom. The former boyfriend and wife did not have sexual intercourse during this time. The former boyfriend helped the wife pay bills, and he took care of the house and helped with the children, as she very gradually improved. However, other than rent, the wife and former boyfriend did not provide any financial support for each other. The divorce decree had provided that support would stop when the wife cohabited with a member of the opposite sex. Husband asked the court to terminate his obligation to pay spousal support. The court concluded that, under these circumstances, the wife was not "cohabiting," and so it required the support payments to continue. The court also noted that the payments were scheduled to last only five years in any event.)

Dunaway (1990) 53 Ohio St.3d 227, 560 N.E.2d 171 (The divorce decree provided that the husband would pay alimony, without saying anything about what would happen if the wife remarried. The wife did remarry, but her new husband had only his disability income, and so she still needed alimony for support. The court concluded that the alimony did terminate. It stated that where a dependent divorced spouse remarries, the obligation of the first spouse to pay sustenance alimony terminates as a matter of law unless: (1) the alimony constitutes a property settlement; or (2) the payment is related to child support; or (3) the parties have signed a separation agreement in connection with the divorce that clearly states that alimony will continue even after the recipient remarries.)

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