Ohio Spousal Support (Alimony) Laws: How It Works (2026)

Ohio courts call it "spousal support," not alimony. There is no formula. Under Ohio Rev. Code section 3105.18, judges weigh 14 enumerated factors and have broad discretion to set the amount, type, and duration of any award.

Information last verified on June 1, 2026.

Estimate your situation: Try our free Ohio alimony calculator to estimate spousal support and see the factors a Ohio court weighs.

What is spousal support in Ohio, and why Ohio no longer uses the word "alimony"

Ohio courts do not award "alimony." The General Assembly replaced that term with "spousal support" when it enacted a comprehensive reform of domestic relations law effective January 1, 1991. Governor Richard Celeste signed Amended Substitute House Bill 514 in 1990, which simultaneously created ORC 3105.171 for property division and rewrote ORC 3105.18 to govern spousal support exclusively.

The term "alimony" still appears in some older divorce decrees and in everyday conversation, but it has no legal meaning in Ohio courts today. If your existing order uses the word "alimony" and was entered before January 1, 1991, it is treated as a spousal support order for purposes of modification and enforcement.

Spousal support is a payment of money to a spouse or former spouse for the sustenance and support of that person. Under ORC 3105.18(B), a court may award spousal support in connection with a divorce, legal separation, or annulment. The court may order support as a lump sum, periodic payments, or a combination of both.

Spousal support is legally distinct from the division of marital property, which is governed by ORC 3105.171, and from child support, which follows a separate statutory formula. A court may award all three in the same proceeding, but each is analyzed under its own legal standard.

How Ohio courts decide spousal support: the 14 factors of ORC 3105.18

Ohio courts have no formula to calculate spousal support. Under ORC 3105.18(C)(1), whenever a court considers whether an award is appropriate, and whenever it sets the nature, amount, terms, and duration, it must consider all of the following 14 factors:

(a) The income of the parties, from all sources, including income derived from property divided under ORC 3105.171.

(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 seeking 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.

No single factor is controlling. Ohio appellate courts have reversed awards when a trial court failed to adequately discuss the statutory factors or consider all of them on the record. A court may not skip a factor merely because one party did not raise it.

Factor (n) gives courts a safety valve for unusual situations not captured by the other thirteen, but it requires the court to make a specific written finding that the additional factor is both relevant and equitable. Courts cannot rely on factor (n) as a general catch-all without explanation.

How much and how long: discretionary awards with no formula or caps

Temporary spousal support

A court may award temporary (pendente lite) spousal support while the divorce or dissolution proceeding is pending. Temporary support is designed to maintain the financial status quo during litigation and address the immediate needs of the lower-earning spouse. It does not predetermine the amount or duration of any post-decree award.

Temporary support terminates when the court enters its final judgment unless the final order specifically addresses ongoing support.

Post-decree spousal support

Post-decree spousal support is paid after the divorce is final. Ohio law places no statutory cap on the amount or duration of post-decree support. A court may order a fixed-term award, an indefinite award, or an award tied to a specific event such as the completion of a degree or the youngest child reaching adulthood.

Fixed-term awards are common when a lower-earning spouse needs time to re-enter the workforce or complete education. Indefinite awards are more typical following long marriages, particularly when one spouse made significant career sacrifices or faces health conditions that limit employability.

The duration of the marriage is one of the 14 factors, and it typically carries significant weight. A short marriage often results in a brief fixed-term award or no award at all. A very long marriage, especially one where one spouse was the primary homemaker, often results in a longer or indefinite award. But the outcome is always discretionary; the length of the marriage alone does not guarantee any particular result.

Neither party is presumed to pay

ORC 3105.18(C)(2) provides that, for purposes of determining spousal support, each party shall be considered to have contributed equally to the production of marital income. This provision prevents courts from using one spouse's greater income as an automatic disqualifier when determining whether support is appropriate.

Modifying spousal support in Ohio: the court must reserve jurisdiction

This is one of the most important and frequently misunderstood rules in Ohio family law.

Under ORC 3105.18(E), a court that has entered a post-decree spousal support order generally does not have jurisdiction to modify that order unless the divorce decree or separation agreement expressly reserves the court's authority to do so. If the final decree is silent on modification, the court typically has no power to change the award, regardless of how much circumstances have changed.

When modification jurisdiction is reserved, a party seeking a change must show both of the following:

1. A change in the circumstances of either party, and
2. Either: (a) the decree expressly authorizes modification, or (b) the change was not contemplated at the time of the original order.

Changes in circumstances that courts have recognized include significant income changes for either party, loss of employment, retirement, serious illness or disability, or substantial changes in the cost of living.

Modification jurisdiction must be stated in writing in the decree itself. Verbal agreements, informal understandings, or orders in other documents generally do not substitute for the required express reservation. Parties negotiating a settlement should pay close attention to this provision. An order that seems generous at the time of divorce may become impossible to adjust years later if modification jurisdiction was never reserved.

How spousal support ends in Ohio

Death

Under ORC 3105.18, spousal support terminates upon the death of either party unless the court order expressly provides otherwise. If the paying spouse dies, support payments generally stop. Parties may negotiate life insurance or other security arrangements to protect the receiving spouse in this scenario, but those provisions must be incorporated into the court order.

Remarriage

Spousal support terminates upon the remarriage of the recipient unless the order expressly provides otherwise. Remarriage is the most straightforward termination event. The paying spouse typically files a motion with the court to confirm termination once the remarriage occurs.

Cohabitation

Ohio courts have recognized cohabitation as a potential basis for modifying or terminating spousal support, but it does not trigger automatic termination. The paying spouse must petition the court. Whether cohabitation constitutes a change in circumstances sufficient to warrant modification depends on the specific facts, including whether the new relationship has materially improved the recipient's financial situation. The Ohio Supreme Court and courts of appeals have addressed this in various cases under the circumstances-change framework of ORC 3105.18(E).

A court-specified date or event

Courts may, and often do, include a specific end date or triggering event in the support order. If the order specifies that support ends when the recipient obtains a certain degree, when a child reaches a certain age, or on a fixed calendar date, support terminates on that date or event without requiring any further court action.

Is spousal support taxable, and how it differs from Ohio child support

Federal tax treatment

The federal tax treatment of spousal support changed significantly on January 1, 2019, when provisions of the Tax Cuts and Jobs Act took effect.

For divorce or separation agreements executed after December 31, 2018, spousal support payments are not deductible by the paying spouse and are not includable in the gross income of the recipient. This means neither party has a federal income tax consequence from the support itself. Ohio does not impose a separate state income tax treatment that differs from the federal treatment for purposes of spousal support characterization.

For agreements executed on or before December 31, 2018, the previous rules continue to apply: the paying spouse could deduct support payments, and the recipient reported them as taxable income. Those older rules remain in place for those agreements unless the agreement was subsequently modified to expressly opt into the post-2018 treatment.

Factor (l) of ORC 3105.18(C)(1) requires the court to consider the tax consequences for each party when setting the amount of support. For divorces finalized after 2018, this factor has less direct financial impact than it once did, but courts may still consider the overall tax picture of both parties.

Consult a licensed tax professional regarding your specific situation, especially if your agreement predates 2019 or is being modified.

How spousal support differs from child support

Spousal support and child support are separate legal obligations in Ohio. Key differences include:

• Purpose: Spousal support addresses the financial needs of a former spouse. Child support addresses the financial needs of a minor child.
• Calculation: Ohio child support is calculated using an administrative worksheet and statutory schedule based on both parents' incomes and the parenting time schedule. Spousal support has no formula; it is fully discretionary under the 14 factors.
• Tax treatment: Child support is never deductible by the payer and never taxable to the recipient, regardless of when the agreement was executed. This has always been the rule.
• Termination: Child support typically continues until the child is emancipated. Spousal support ends on the events described above.
• Modification: Child support can be modified when there is a change in income or circumstances meeting the statutory threshold. Spousal support can be modified only if the decree reserved jurisdiction and a qualifying change in circumstances has occurred.

For information on Ohio's child support guidelines, see our page on Ohio child support laws.

For a broader overview of how all 50 states handle spousal support, see the alimony laws by state hub.

Legal disclaimer: This page provides general legal information about Ohio spousal support law and is not legal advice. Spousal support determinations are highly fact-specific and depend on individual circumstances. For advice about your particular situation, consult a licensed Ohio family law attorney.

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Sources

• Ohio General Assembly. Ohio Revised Code Section 3105.18: Awarding Spousal Support; Modification of Spousal Support. https://codes.ohio.gov/ohio-revised-code/section-3105.18
• Supreme Court of Ohio. Spousal Support: Domestic Relations Resource Guide. https://www.supremecourt.ohio.gov/courts/services-to-courts/domestic-relations-resource-guide/spousal-support/
• Internal Revenue Service. Topic No. 452, Alimony and Separate Maintenance. https://www.irs.gov/taxtopics/tc452
• Internal Revenue Service. Divorce or Separation May Have an Effect on Taxes. https://www.irs.gov/newsroom/divorce-or-separation-may-have-an-effect-on-taxes

Last updated: June 1, 2026.