Spousal Support (Alimony) in Ohio: Factors, Duration, Modification and Taxes
Ohio family law · Last reviewed October 22, 2026
Ohio calls alimony spousal support. There's no formula, no statewide calculator and no duration chart: a judge decides whether support is "appropriate and reasonable," and how much and for how long, by weighing fourteen factors in R.C. 3105.18. The word "alimony" survives in the statute only for orders made before 1991.
What spousal support is
R.C. 3105.18(A) defines it as payments to a spouse or former spouse "that is both for sustenance and for support of the spouse or former spouse." Payments that are part of the property division, including a distributive award, are not spousal support. That distinction matters: property divisions can't be modified, and support sometimes can.
Temporary and final support
- Temporary support. "During the pendency of any divorce, or legal separation proceeding, the court may award reasonable temporary spousal support to either party" (R.C. 3105.18(B)). It's usually requested on affidavits under Civil Rule 75(N), which lets the court rule without an oral hearing; either side can then ask for a hearing, which must be held within 28 days.
- Final support. In the decree, after the court divides the property, it "may award reasonable spousal support to either party." Support can be paid in property, as a lump sum or in installments (R.C. 3105.18(B)).
Either spouse can ask. Nothing in the statute favors wives or husbands.
The fourteen factors
R.C. 3105.18(C)(1) requires the court to consider all of these in deciding whether to award support and its nature, amount, terms and duration:
| Factor | |
|---|---|
| (a) | Each party's income from all sources, including income from property divided in the divorce |
| (b) | Their relative earning abilities |
| (c) | Their ages and physical, mental and emotional conditions |
| (d) | Their retirement benefits |
| (e) | How long the marriage lasted |
| (f) | Whether a parent who will have custody of a minor child shouldn't be expected to work outside the home |
| (g) | The standard of living during the marriage |
| (h) | Their relative education |
| (i) | Their relative assets and liabilities, including court-ordered payments |
| (j) | Each party's contribution to the other's education, training or earning ability, such as a professional degree |
| (k) | The time and expense the requesting spouse needs for education, training or experience, if it's actually sought |
| (l) | The tax consequences of the award for each party |
| (m) | Income capacity lost because of marital responsibilities |
| (n) | Any other factor the court expressly finds relevant and equitable |
The court also treats each spouse as having "contributed equally to the production of marital income" (C)(2).
Marital misconduct isn't a listed factor. It can matter only through the catch-all (n), and only if the court expressly finds it relevant and equitable.
How long support lasts
The statute sets no schedule. The court fixes the duration as part of the award, weighing factor (e), the length of the marriage, along with the rest. Rules of thumb you may see online, such as a year of support for every few years of marriage, are not Ohio law.
Death. Support "shall terminate upon the death of either party, unless the order containing the award expressly provides otherwise" (R.C. 3105.18(B)).
Remarriage and cohabitation. The statute doesn't end support on either event. Whether it ends depends on the decree or separation agreement. The statewide separation agreement form (Form 19) makes each one a box to check: support ends at death "or in the event of the following: (check all that apply)," with boxes for "The remarriage of the person receiving support," for "The cohabitation of the person receiving support in a relationship comparable to marriage," and for other events. A box left unchecked is a termination event you didn't agree to. The same form has separate boxes for whether the court keeps the power to modify the amount and the duration.
Changing support later: reserve jurisdiction or lose it
This is the most important drafting point in an Ohio divorce. For decrees since 1991, a court "does not have jurisdiction to modify the amount or terms of the alimony or spousal support" unless both of these are true (R.C. 3105.18(E)):
- the decree, or the separation agreement incorporated into it, contains a provision specifically authorizing the court to modify support; and
- the court finds that either party's circumstances have changed.
A qualifying change "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," but only if it is substantial, makes the award no longer reasonable and appropriate, and wasn't taken into account when the award was made or last changed, even if it was foreseeable (R.C. 3105.18(F)(1)). Retirement isn't singled out in the statute; whether it qualifies turns on that test and on what the decree says.
If the decree doesn't reserve jurisdiction, the amount and terms are fixed for the life of the order.
Enforcement
If a payer is found in contempt for not paying spousal support, the court must assess the costs of the contempt proceeding against the payer and order the payer to cover the other side's reasonable attorney's fees for it (R.C. 3105.18(G)).
Taxes
For divorce or separation agreements executed after 2018, the payer can't deduct spousal support, and "Alimony and separate maintenance payments the recipient spouse receives under such an agreement are not included in their gross income" (IRS Topic 452). An older agreement keeps the old treatment unless it is later modified and the modification expressly adopts the new rule.
Ohio's income tax starts from federal adjusted gross income, and R.C. 5747.01 makes no separate adjustment for spousal support, so Ohio follows the federal treatment.
One correction to an official source: the Supreme Court of Ohio's Domestic Relations Resource Guide says the federal change "expires in 2025." The IRS's current guidance states the rule with no end date. Use the IRS's.
Frequently asked questions
Does Ohio have an alimony calculator?
No. There's no statutory formula; as the Supreme Court of Ohio's Domestic Relations Resource Guide puts it, "there is no mathematical formula like with child support." The court weighs fourteen factors. Any county worksheet is local practice, not Ohio law.
How long do you have to be married to get spousal support in Ohio?
There's no minimum. The length of the marriage is one of the fourteen factors, and it often weighs heavily in setting how long support lasts.
Does remarriage or cohabitation end spousal support in Ohio?
Not automatically under the statute. It depends on what the decree or separation agreement says, which is why the termination terms should be spelled out.
Can spousal support be modified in Ohio?
Only if the decree or separation agreement specifically authorized the court to modify it, and then only after a substantial change in circumstances that wasn't accounted for when support was set.
Does spousal support end when the payer dies?
Yes, unless the order expressly provides otherwise.
Is spousal support taxable in Ohio?
Not for agreements executed after 2018: the payer can't deduct it and the recipient doesn't report it as income. Ohio follows the federal treatment, because its income tax starts from federal adjusted gross income.