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," the modification rules in ORC 3105.18(E) still reach it, so long as the action was determined on or after May 2, 1986. Orders entered in actions determined before that date fall outside division (E) and are governed by the former statute.

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 reasonable spousal support to either party "in divorce and legal separation proceedings," on the request of either party and after the court determines the division of property under ORC 3105.171. A dissolution of marriage works differently: under ORC 3105.63, the parties' own separation agreement must provide for spousal support, and it may also authorize the court to modify the amount or terms later. 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

Under ORC 3105.18(B), a court may award reasonable temporary (pendente lite) spousal support "during the pendency of any divorce, or legal separation proceeding." 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.

Both spouses are credited equally for marital income

ORC 3105.18(C)(2) provides that, in determining whether spousal support is reasonable and in determining the amount and terms of payment, each party shall be considered to have contributed equally to the production of marital income. The provision credits the work of a lower-earning or non-earning spouse. A court cannot treat marital income as belonging solely to the spouse whose name was on the paycheck when it weighs whether support is reasonable.

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 that the circumstances of either party have changed, and that change must satisfy both of the following:

1. The change is substantial and makes the existing award no longer reasonable and appropriate, and
2. The change was not taken into account by the parties or the court as a basis for the existing award when it was established or last modified.

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. If you are negotiating a settlement now, have an Ohio family lawyer check that the decree reserves modification jurisdiction in a free case evaluation (attorney advertising).

How spousal support ends in Ohio

Death

Under ORC 3105.18(B), any award of spousal support terminates upon the death of either party unless the order containing the award 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

ORC 3105.18 says nothing about remarriage, so the question turns on whether the court has jurisdiction to end the order. In Kimble v. Kimble (2002), the Ohio Supreme Court held that, under ORC 3105.18(E), a trial court has authority to modify or terminate an order for alimony or spousal support only if the divorce decree contains an express reservation of jurisdiction. The court treated a motion to terminate as a modification, and it rejected the argument that the recipient's remarriage changes that result.

An older decision, Dunaway v. Dunaway (1990), had ended an indefinite sustenance award on remarriage as a matter of public policy. Kimble explained that Dunaway rested on a former version of ORC 3105.18 that was silent on modification jurisdiction, and that for actions determined on or after May 2, 1986 that policy is superseded by statute. So there is no fixed-term versus indefinite split: for a modern Ohio divorce, neither type of award automatically ends when the recipient remarries.

The practical point follows: the paying spouse needs a reservation of jurisdiction in the decree before a court can terminate the award, and the way to raise it is a motion, not simply stopping payments.

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, and the court still needs the reserved jurisdiction that ORC 3105.18(E) requires. 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.

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.

Last updated: June 1, 2026.

More Ohio Laws

• Ohio Child Custody Laws
• Ohio Child Support Laws
• Ohio Common Law Marriage Laws
• Ohio Divorce Laws

Frequently Asked Questions

Does Ohio have alimony?

Ohio does not use the term 'alimony.' Ohio law uses the term 'spousal support,' which has been the correct legal term since January 1, 1991. The concept is the same: one former spouse pays the other for financial support after divorce. Ohio courts determine spousal support on a fully discretionary basis under the 14 factors in ORC 3105.18(C)(1).

Is there a formula for spousal support in Ohio?

No. Ohio has no formula for spousal support. Courts weigh all 14 statutory factors in ORC 3105.18(C)(1) and have full discretion to set the amount, type, and duration. Two cases with similar incomes and marriage lengths can result in very different outcomes depending on the other facts.

How long does spousal support last in Ohio?

There are no statutory caps on duration. Courts may order fixed-term support, indefinite support, or support tied to a specific event. Longer marriages, especially those where one spouse was the primary homemaker, tend to result in longer or indefinite awards. Shorter marriages typically result in shorter fixed-term awards or no award at all.

Can Ohio spousal support be modified after the divorce?

Only if the divorce decree expressly reserves the court's jurisdiction to modify. Under ORC 3105.18(E), a court generally cannot change a spousal support order unless the original decree contains written language authorizing future modification. If the decree is silent, modification is typically unavailable regardless of changed circumstances.

Does spousal support end if the recipient remarries in Ohio?

Not automatically. ORC 3105.18 does not address remarriage. Under Kimble v. Kimble (2002), a trial court may terminate a spousal support order only if the divorce decree contains an express reservation of jurisdiction, and that rule applies whether the award is fixed-term or indefinite. Check what the decree says and file a motion rather than simply stopping payments.

Is spousal support taxable in Ohio?

For divorce agreements executed after December 31, 2018, spousal support is not deductible by the payer and not taxable income to the recipient under federal law. For older agreements executed before January 1, 2019, the prior rules apply: the payer could deduct support, and the recipient reported it as income. Ohio does not have a separate state-level tax rule that differs from the federal treatment.

What factors does an Ohio court use to award spousal support?

ORC 3105.18(C)(1) lists 14 factors: income from all sources, earning ability, age and health, retirement benefits, marriage duration, whether a custodial parent should seek employment, standard of living, education level, assets and liabilities, contributions to the other spouse's education or career, time and expense to gain new job skills, tax consequences, lost earning capacity from homemaking, and any other relevant equitable factor the court identifies.