Adultery in Ohio - Does Cheating Affect Alimony?

Divorce lawsuits tend to be highly complicated; however, many people have seen at least one or two TV show divorce “lawsuits.” Often, one spouse accuses the other of adultery and then threatens to ruin them for their reprehensible behavior. While many states do allow the penalization of adulterous behavior by adjusting spousal support, not as many states as you might expect allow alimony to be used as a punishment for adultery.

As many spouses know, cheating often has consequences. Aside from the effect of cheating on the marriage itself, cheating may affect the divorce process and any alimony awards received by the spouses. Each state varies on how exactly adultery will affect an alimony award, and so this article is intended to clarify that issue for the state of Ohio.

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The Nature of Divorce in Ohio

Before discussing whether adultery or cheating would affect an award of alimony or spousal support, the nature of divorce in Ohio must be examined.Ohio law contains eleven different grounds for divorce. While Ohio does allow no-fault divorce, nine of Ohio’s divorce grounds are contingent upon a finding of marital misconduct. One of those “fault” grounds is adultery.¹

About Ohio Alimony Rules

Ohio refers to alimony as spousal support.² At any point during the divorce process, the Ohio Court of Common Pleas can award reasonable spousal support to either spouse on either a periodic basis or in lump sum in accordance with the spousal support statute. The spousal support statute provides considerable guidance to courts to help them determine what constitutes reasonable spousal support. Courts must consider fourteen different factors before making a spousal support award. Those factors can influence either the amount, duration, or form of the award. The most important of those factors are:

• Each spouse’s income and earning capacity;
• The age and health of the spouses;
• Whether childcare requires a spouse to be a stay at home parent;
• The duration of the marriage and standard of living established during the marriage;
• Each spouse’s education;
• The property owned by each spouse; and
• The time and expense required for the dependent spouse’s circumstances to change so that spouse may become self-dependent.

The Effect of Adultery and Other For-Cause Grounds for Divorce on Alimony

Ohio law does not explicitly mention fault as a factor to be considered in an award of spousal support. Given this lack of legislative guidance, Ohio courts have been hesitant to award spousal support based on a spouse’s misconduct during the marriage.³ As a result, it is unlikely that a spouse’s adultery would affect an award of spousal support. That said, Ohio divorce courts may consider the financial misconduct of either spouse in making spousal support determinations.⁴ If a spouse’s adultery was particularly expensive (such as lavish gifts, expensive hotel stays, or vacations), then that adulterous behavior could indirectly affect the amount of spousal support awarded.

The Verdict:

While it is possible that an Ohio divorce court could consider a spouse’s adultery in making a spousal support determination, it is unlikely that Ohio courts will stray too far beyond the statute. In general, spousal support in Ohio is determined purely on the financial circumstances of the spouses. Even if an Ohio court did consider a spouse’s adultery in making its award of support, the adultery would be considered as only one factor of the award.

If your spouse has been cheating on you and you plan to sue for divorce, you should consider contacting a local divorce attorney for assistance. Divorces involving adultery claims tend to be very messy lawsuits and will be very difficult to litigate on your own. Your rights can be best protected by proactively protecting your ability to succeed in your divorce litigation.

Note: This is not legal advice. Please consult a lawyer for your specific situation.