It is difficult to admit and then accept that a spouse has been abusive. Whether you’re reading this article because you have left a marriage where there was domestic violence or are making plans to leave, you’ve already taken a huge step towards your reclaimed safety and independence. As for the process of divorcing an abusive spouse, you likely have questions about how the abuse might impact the outcome. When it comes to spousal support in divorces that involve domestic violence in Ohio, the conduct of the abusive spouse isn’t irrelevant.
That said, domestic violence isn’t one of the factors that Ohio law specifically lists for courts to consider in determining spousal support. What the court will weigh in its determination is the financial impact the abuse had, both on the marital finances and your individual finances. Read on to learn about what the Ohio spousal support law specifically lists as factors a judge must consider and how financial fallout from the abuse can still become part of the equation. We will also discuss what types of documentation make for good evidence and how domestic violence affects spousal support.
Key Takeaways
- Section 3105.18(C)(1) of the Ohio Revised Code lists 13 factors and one catch-all provision that are meant to guide a court on the issue of spousal support as part of a divorce.
- While the law doesn’t specifically list “domestic violence” as a factor, the abuse of one spouse towards the other often does become relevant through considerations of the financial impact the abuse had on the spouse seeking support.
- From a legal standpoint, documentation of the financial consequences you suffered because of the abuse is more likely to sway a court than testimony without documentation.
- Civil protection orders exist separately from spousal support orders under Ohio law, but they often intersect when police reports, testimony, and findings from the protection order case are relevant to the spousal support factors.
Domestic Violence Isn’t a Named Spousal Support Factor, But It Isn’t Ignored Either
The law that addresses spousal support is found in the Ohio Revised Code in Section 3105.18. “Spousal support” is defined in the law as support ordered “both for sustenance and for support of the spouse or former spouse.” In Section 3105.18(C)(1), there is a list of 13 specific factors a court “shall” (meaning, “must”) consider. The list includes factors such as each spouse’s income, earning ability, education, age, any physical, mental, or emotional conditions of a spouse, and the standard of living established during the marriage. Domestic violence does not appear on that list. But thath does not mean that a survivor cannot receive support when their spouse has been abusive.
While domestic violence is not expressly listed in the law, that doesn’t mean a spouse can never receive spousal support when their spouse has been abusive.
How domestic violence comes into the judge’s decision-making process is tied to the specifically listed factors surrounding finances. And sometimes, the final factor can play a role, which is a broad, catch-all provision for any other relevant evidence not specifically listed in the law.
Let’s start with the financial factors specifically listed in the law. Of the 13 total factors, nine include a financial component.
Factors such as relative earning ability, lost income production capacity from marital responsibilities, and contribution to the education, training, or earning ability of the other party already come into the equation. These factors stand on their own, and include scenarios when violence or abuse played a role. Meaning, in broad terms, if one spouse became more financially dependent on the other during the marriage in any of the ways listed in the law, it matters when deciding spousal support.
And the last factor listed in the law casts a broad umbrella to catch anything else that the previous factors may have missed.
Meant to be a catch-all provision, this last part states that courts must also consider “[a]ny other factor that the court expressly finds to be relevant and equitable.” So, this last piece can be important for things not captured by other factors. Examples include issues like reduced marital assets or debt that was incurred as they relate back to the abuse.
How the Financial Fallout From Domestic Violence Affects Spousal Support
While the history and story of abuse is undeniably important, it in and of itself is usually not enough to show the judge enough evidence for an award of spousal support. Numbers are what tend to move a court. If you can present financial information, show documented evidence that demonstrates your need for support, this information tends to be more convincing for the court.
Here is a list of the categories of financial impact Ohio courts have previously weighed to determine whether domestic violence affects spousal support:
- Lost earning capacity. This can happen when a spouse was prevented from pursuing education, training, a career, or a promotion because of the control the abuser exercised over them. Earning capacity is one of the factors explicitly stated in the law.
- Dissipated marital assets. This comes into play if the abusive spouse spent marital money on efforts to control or isolate the other spouse, or on their own legal fees to defend against abuse-related charges. And, dissipated marital assets fall under the catch-all provision of the statute.
- Debt incurred because of the abuse. This means money a spouse spends to recover and/or escape from the abuse, and includes things like relocation costs, medical bills, and any legal expenses. Incurred debt usually goes hand in hand with dissipated marital assets and also falls under the catch-all provision.
- Health conditions caused by the abuse. These are especially important when they have limited a spouse’s present or future ability to work. The law specifically lists health by stating that the “physical, mental, and emotional conditions of the parties” must be considered.
- A standard-of-living disparity. This is often a result of financial abuse, such as economic control during the marriage, being kept out of the workforce, or denied access to marital finances. This issue is also listed in the law, included under the factor of “lost income production capacity of either party that resulted from that party’s marital responsibilities.”
Notice that none of these categories of financial impact require that you first prove to the court that domestic violence occurred. Instead, showing financial consequences resulting from the abuse can be enough to tie the monetary impact to the spousal support statute.
Here are the categories of financial impact Ohio courts have weighed, and how each connects to the spousal support law:
| Financial impact of the abuse | How it connects to the spousal support statute |
| Lost earning capacity — being kept from education, training, a career, or a promotion | Relative earning ability and lost income production capacity — explicitly listed factors |
| Dissipated marital assets — marital money spent on control, isolation, or abuse-related legal fees | Catch-all provision (subsection (n)) |
| Debt incurred because of the abuse — relocation costs, medical bills, legal expenses to escape or recover | Catch-all provision (subsection (n)) |
| Health conditions caused by the abuse — physical or mental harm that limits the ability to work | “Physical, mental, and emotional conditions of the parties” — explicitly listed |
| Standard-of-living disparity — from economic control, being kept out of the workforce, or denied access to finances | Standard of living and lost income production capacity — explicitly listed |
What to Document If Abuse Affected Your Finances
Remember that submitting concrete evidence to the court is more convincing from a legal standpoint than testimony on its own. Documentation of the financial consequences that resulted from the abuse connects what you suffered to the factors for spousal support listed plainly in the law. Take a look at this list and see which categories of evidence may apply in your situation:
- Medical records: These can be notes or records from your doctor’s office, or notes and records printed from your provider’s online health portal. Your medical records are a way for you to show documented evidence from a healthcare provider that you suffered injuries and/or developed ongoing health conditions as a result of the abuse you experienced. Remember that healthcare includes mental health.
- Financial records: If your bank account (whether a joint account or a personal account the abuser had access to) has unexplained withdrawals, account statements can show this in black and white. If your marital assets have been dissipated, gather statements for those accounts as well. And if you incurred debt that is related to the abuse you experienced or to escape it, get those records and statements, too.
- Employment records: If, as is often the case, the abuse you experienced affected your work, like more missed days, callouts, or sick leave, you lost a promotion, or your income dropped while the abuse was happening, collect evidence of any of these situations that apply to you. Often, you can get documentation of work attendance and changes in income from the human resources department or your direct supervisor. An email or letter from your manager stating you weren’t selected for promotion is also evidence.
- Reports from a therapist or counselor: Notes from a professional who knows your situation can help connect the abuse to its ongoing financial or occupational impact.
- Law enforcement reports or records: If you have ever filed a civil protection order case (or more than one) against the abuser, this can show the timeline and severity of the abuse.
Documentation that falls under this list of categories helps your attorney make a fact-based argument for spousal support in light of the abuse.
Protection Orders and Spousal Support Are Separate Issues, But They Often Overlap
When it comes to the relationship between spousal support and protection orders, there is an important distinction. Civil protection orders are listed in Section 3113.31 of the Ohio Revised Code. Under the law, these orders are separate civil actions focused on establishing and keeping the person who experienced the abuse safe by forcing the abusive spouse to stay away. Technically speaking, these orders are completely separate from spousal support orders and the divorce itself.
In practice, however, the two do overlap. For instance, the police reports and testimony and findings from the protection order case often become useful evidence during the divorce, particularly when this evidence relates to the financial factors listed above.
And finally, you do not have to wait to seek spousal support only as part of the final divorce order. While the divorce is pending, you can request temporary spousal support from the court, as well as safety measures, such as exclusive use of the marital home.
Frequently Asked Questions
Does domestic violence affect alimony (spousal support) in Ohio?
Indirectly, yes. Ohio law doesn’t list domestic violence as a spousal support factor, but courts can weigh the financial consequences of abuse through the statute’s financial factors and its catch-all provision.
Do I have to prove the abuse to receive spousal support?
Not necessarily. You can focus on the financial consequences, such as lost earning capacity, dissipated assets, abuse-related debt, or health effects, and tie those to the spousal support factors, without first having to prove the abuse itself.
What evidence helps show that abuse affected my finances?
Medical records, financial and bank statements, employment records, therapist or counselor notes, and any law enforcement or protection order records are all useful forms of documentation.
Can I get spousal support before my divorce is final?
Yes. You can request temporary spousal support and safety measures, such as exclusive use of the marital home, while the divorce is pending.
Is a protection order part of my divorce case?
A civil protection order is a separate legal action, but evidence from it, including police reports, testimony, and findings, often overlaps with and supports a spousal support claim in the divorce.
Talk to an Ohio Family Law Attorney About Support and Safety Together
While domestic violence isn’t specifically included in Ohio’s law on spousal support, this doesn’t mean it’s never a relevant issue for courts to consider in the support component of divorces. The impact of abuse is real, and so are attendant financial consequences. Ohio law gives judges the authority to weigh this impact, under both the specific factors related to marital finances and the catch-all provision.
The family law attorneys at Melissa Graham-Hurd & Associates have experience handling domestic violence and spousal support matters together. If you have questions about how domestic violence affects spousal support, don’t hesitate to contact our firm to schedule your consultation.
If you are in immediate danger, call 911. For confidential support, the National Domestic Violence Hotline is available 24/7 at 1-800-799-7233.
