The Ohio family courts generally only order spousal support when they determine that it is necessary or when a couple agrees on support as a means to balance a mutually-beneficial divorce settlement.
After a high-asset divorce, a lower-earning spouse may struggle to live independently. Spousal support makes it possible to cover basic cost-of-living expenses and start planning for financial independence. Typically, spousal support orders include very clear terms regarding the duration of the order and the amount of support paid.
Most of the time, spouses must adhere to an order as written. However, there may be scenarios that warrant a review of spousal support. When is it possible to change a spousal support order in Ohio?
When the courts retain jurisdiction
For a modification to be an option, the support order must include specific language. A spousal support order needs to declare that the courts retain jurisdiction. Without that language, attempting to change the order could be prohibitively difficult.
When there is a significant change
Even with the right language in the support order, the circumstances of the spouses must change significantly to convince the courts to review the existing order and make changes.
Generally speaking, changes in spousal circumstances must be substantial enough that the courts may need to adjust the amount of support ordered by 10% or more. A loss of employment, good fortune on the part of the recipient spouse and other major changes in circumstances are necessary for a spousal support modification.
Reviewing an initial spousal support order and any changes that have occurred can help people adjust support obligations to better reflect family circumstances. An attorney can help spouses recognize when a modification is possible.
