Legal Question in Family Law in Ohio

In my divorce settlement I was awarded permanent spousal support after 28 yr. marriage. Now that he is retiring he wants to stop or lower my support. The decree says the court maintains permanent jurisdiction. He says the retirement accts that he was awarded makes me ineligible for support now. He has a total worth of approx. $ 750,000.00. He is aslo self employed and collecting soc.security. Is there any presedence set for these kind of issues? I receive 15000.00 per yr. from retirement. I also have no health ins. due to cost because I have pre-existing conditions.


Asked on 4/27/13, 12:32 pm

1 Answer from Attorneys
Eric Willison Eric Eastman Willison

In Ohio, the general rule is that spousal support stays the same unless some event, like your remarriage to someone else, were to intervene. However, since the court retained jurisdiction over the matter, that likely means that the court will consider a change in spousal support if the right conditions were present.

I use the term "likely" because without actually seeing a copy of your divorce decree, it is difficult for me to make any firm pronouncements on the matter.

Further, just because a court can change a spousal support award does not mean that it will. Your ex husband is going to have to show some sort of change of circumstance which would justify lowering them out. Usually this change of circumstance would have to be one other than something that could have been contemplated at the divorce.

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Answered on 4/27/13, 7:54 pm


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