Ohio § 3105.18

§ 3105.18.

(A) As used in this section, “ spousal support ” means any payment or payments to be made to a spouse or former spouse, or to a third

party for the benefit of a spouse or a former spouse, that is both for sustenance

and for support of the spouse or former spouse.  “Spousal support” does not include any payment made to a spouse or former spouse,

or to a third party for the benefit of a spouse or former spouse, that is made as

part of a division or distribution of property or a distributive award under section 3105.171 of the Revised Code . (B) In divorce and legal separation proceedings, upon the request of either party and

after the court determines the division or disbursement of property under section 3105.171 of the Revised Code , the court of common pleas may award reasonable spousal support to either party.  During the pendency of any divorce, or legal separation proceeding, the court may

award reasonable temporary spousal support to either party. An award of spousal support may be allowed in real or personal property, or both,

or by decreeing a sum of money, payable either in gross or by installments, from future

income or otherwise, as the court considers equitable. Any award of spousal support made under this section shall terminate upon the death

of either party, unless the order containing the award expressly provides otherwise. (C)(1) In determining whether spousal support is appropriate and reasonable, and in determining

the nature, amount, and terms of payment, and duration of spousal support, which is

payable either in gross or in installments, the court shall consider all of the following

factors: (a) The income of the parties, from all sources, including, but not limited to, income

derived from property divided, disbursed, or distributed under section 3105.171 of the Revised Code ; (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 who is seeking spousal 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. (2) In determining whether spousal support is reasonable and in determining the amount

and terms of payment of spousal support, each party shall be considered to have contributed

equally to the production of marital income. (D) In an action brought solely for an order for legal separation under section 3105.17 of the Revised Code , any continuing order for periodic payments of money entered pursuant to this section

is subject to further order of the court upon changed circumstances of either party. (E) If a continuing order for periodic payments of money as alimony is entered in a divorce

or dissolution of marriage action that is determined on or after May 2, 1986, and

before January 1, 1991, or if a continuing order for periodic payments of money as

spousal support is entered in a divorce or dissolution of marriage action that is

determined on or after January 1, 1991, the court that enters the decree of divorce

or dissolution of marriage does not have jurisdiction to modify the amount or terms

of the alimony or spousal support unless the court determines that the circumstances

of either party have changed and unless one of the following applies: (1) In the case of a divorce, the decree or a separation agreement of the parties to

the divorce that is incorporated into the decree contains a provision specifically

authorizing the court to modify the amount or terms of alimony or spousal support. (2) In the case of a dissolution of marriage, the separation agreement that is approved

by the court and incorporated into the decree contains a provision specifically authorizing

the court to modify the amount or terms of alimony or spousal support. (F)(1) For purposes of divisions (D) and (E) of this section and subject to division (F)(2)

of this section, a change in the circumstances of a party includes, but is not limited

to, any increase or involuntary decrease in the party's wages, salary, bonuses, living

expenses, or medical expenses, or other changed circumstances so long as both of the

following apply: (a) The change in circumstances is substantial and makes the existing award no longer

reasonable and appropriate. (b) The change in circumstances 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, whether

or not the change in circumstances was forseeable. 1 (2) In determining whether to modify an existing order for spousal support, the court

shall consider any purpose expressed in the initial order or award and enforce any

voluntary agreement of the parties.  Absent an agreement of the parties, the court shall not modify the continuing jurisdiction

of the court as contained in the original decree. (G) If any person required to pay alimony under an order made or modified by a court

on or after December 1, 1986, and before January 1, 1991, or any person required to

pay spousal support under an order made or modified by a court on or after January

1, 1991, is found in contempt of court for failure to make alimony or spousal support

payments under the order, the court that makes the finding, in addition to any other

penalty or remedy imposed, shall assess all court costs arising out of the contempt

proceeding against the person and shall require the person to pay any reasonable attorney's

fees of any adverse party, as determined by the court, that arose in relation to the

act of contempt. 1

 So in original.