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Ohio · R.C. 3105.18 · checked 23 Aug 2026

Ohio has no alimony formula. It puts everything in the decree instead.

Fourteen factors, no percentage anywhere in the statute — and one sentence that, if it is missing from your decree, the court can never fix.

Ohio has no alimony formula. There is no percentage, no bracket, no cap and no schedule anywhere in R.C. 3105.18. The whole standard is the word reasonable in division (B), read through fourteen factors in division (C)(1).

And Ohio calls it spousal support, not alimony, which matters when you are searching for forms or reading an order. R.C. 3105.18(A) defines it as payments “both for sustenance and for support”, and expressly excludes anything paid as part of a division of property or a distributive award under R.C. 3105.171. “Alimony” survives in the chapter caption and in the transitional language for orders entered before 1 January 1991.

But the absence of a formula is not the most consequential thing on this page. Because Ohio legislates almost nothing about how support behaves after the decree, the decree itself has to say it — and where it is silent, the court is not merely reluctant to act. In two specific situations it has no power to.

OneWhat the statute does not contain

Four absences, each of which people assume is there.

What people expectWhat R.C. 3105.18 actually contains
A percentage or a calculatorNothing. No percentage and no dollar figure appears anywhere in the section.
A duration tied to the length of the marriageNothing. No bracket, presumption, cap or schedule. The duration of the marriage is factor (e) among fourteen, and the factors govern duration as well as amount.
Support ends when the recipient remarriesNot in the statute. The words “remarriage”, “remarries” and “cohabitation” do not appear in R.C. 3105.18 at all.
Adultery or misconduct counts against youNot named. None of the fourteen factors names conduct, fault, adultery or misconduct.

On the software and the county schedules. Spousal support software is widely used in Ohio practice, and some counties publish local guideline schedules. Nothing of the kind is authorized by R.C. 3105.18 — and we have not read any such local rule from a primary source, so we do not describe what any particular county does. What can be said from the statute is that a number produced by software or a county schedule does not carry the force the child support guidelines carry. It is an input to an argument, not a rule.

TwoThe fourteen factors, and the two instructions around them

The chapeau is doing as much work as the list. It covers “the nature, amount, and terms of payment, and duration” — all of it — and the verb is shall consider all of the following.

R.C. 3105.18(C)(1)The factor
(a)The income of the parties, from all sources, including income derived from property divided or distributed under R.C. 3105.171
(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, to seek employment outside the home
(g)The standard of living established during the marriage
(h)The relative extent of education of the parties
(i)The relative assets and liabilities, including any court-ordered payments
(j)The contribution of each party to the education, training or earning ability of the other, including to the acquisition of a professional degree
(k)The time and expense for the spouse seeking support to acquire education, training or job experience — provided it is in fact sought
(l)The tax consequences, for each party, of an award of spousal support
(m)The lost income production capacity that resulted from a party’s marital responsibilities
(n)Any other factor that the court expressly finds to be relevant and equitable

The two instructions that sit around the list

Support comes second, not first. R.C. 3105.18(B): the court may award reasonable spousal support “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”.

Two things follow. It is not awarded on the court’s own motion — somebody has to ask. And Ohio decides who owns what before it decides who pays whom, which means the property division is an input to the support decision rather than a parallel exercise.

An equality that most states leave to argument. R.C. 3105.18(C)(2), verbatim and in full: “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.”

That is fixed by statute. It is not a presumption to be rebutted and it is not a factor to be weighed against the others.

Read on Ohio’s own site, codes.ohio.gov. Checked 23 August 2026.

ThreeThe sentence that has to be in your decree

This is the part of Ohio law with the most money in it, and it is the part least often explained. Ohio inverts the ordinary rule: the court has no power to modify unless the decree gave it one.

R.C. 3105.18(E), the operative words: for a divorce or dissolution determined on or after 1 January 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… incorporated into the decree contains a provision specifically authorizing the court to modify the amount or terms… (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 same rule reaches back to alimony orders in actions determined on or after 2 May 1986.

Both conditions. Not either.

A change of circumstances and an express reservation in the decree or the incorporated agreement. A decree that says nothing about modification is not merely hard to change — the court that entered it does not have jurisdiction to change it, however extreme the later change in either party’s circumstances.

And the court cannot repair its own omission afterwards. R.C. 3105.18(F)(2): “Absent an agreement of the parties, the court shall not modify the continuing jurisdiction of the court as contained in the original decree.” Silence in the decree is fatal, and it is fatal permanently.

Legal separation is the exception. R.C. 3105.18(D): in an action brought solely for legal separation under R.C. 3105.17, a continuing order for periodic payments “is subject to further order of the court upon changed circumstances of either party.” No reservation is needed there.

Where jurisdiction was reserved, one word decides a great deal

R.C. 3105.18(F)(1): a change in circumstances “includes, but is not limited to, any increase or involuntary decrease in the party’s wages, salary, bonuses, living expenses, or medical expenses” — and then two conditions that both have to hold: the change must be “substantial and makes the existing award no longer reasonable and appropriate”, and it must not have been “taken into account by the parties or the court… whether or not the change in circumstances was forseeable.”

“forseeable” is spelled that way in the enacted text on Ohio’s own page. Quoted as enacted.

Note the asymmetry. Any increase counts. Only an involuntary decrease does. A payor whose income falls by choice has not, on the words of the statute, shown a change of circumstances. A payor whose income rises has.

FourWhat actually ends it, and the assumption to stop making

R.C. 3105.18(B), final sentence, verbatim: “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.”

That is the whole of it. One trigger, and even that one is a default the order can displace.

The thing everybody believes that Ohio’s statute does not say

It is commonly said that alimony ends when the recipient remarries. In Ohio the statute does not say so. The words “remarriage”, “remarries” and “cohabitation” do not appear in R.C. 3105.18.

Put that together with division (E) and the risk is specific: a decree that neither ends support on remarriage nor reserves jurisdiction to modify may leave a court with no power to do anything about it. Two omissions, each of which looks like nothing at the time.

FiveDoes behavior matter? The statute is silent, and the silence is pointed

None of the fourteen factors names conduct, fault, adultery or misconduct. Factor (n) — “any other factor that the court expressly finds to be relevant and equitable” — neither authorizes it nor forecloses it.

And Ohio has not abolished fault. R.C. 3105.01 lists causes for divorce, and division (C) of that section is “Adultery”. So the same chapter recognizes adultery as a ground for the divorce and omits it from the support factors.

Now contrast the property statute, which does name a kind of misconduct and confines it to money. R.C. 3105.171(E)(4), verbatim: “If a spouse has engaged in financial misconduct, including, but not limited to, the dissipation, destruction, concealment, nondisclosure, or fraudulent disposition of assets, the court may compensate the offended spouse with a distributive award or with a greater award of marital property.”

The remedy there is a property remedy, not a support remedy — and R.C. 3105.18(A) expressly says a distributive award is not spousal support. So financial misconduct has a named statutory consequence and it is paid out of the property column.

What we will not tell you, and why

Whether an Ohio court may weigh marital fault in setting spousal support under factor (n) is a question the statute does not answer, and we have not read an Ohio appellate decision from a primary source. So this page does not answer it either.

That is the rule everywhere on this site: where a figure or a holding could not be confirmed from an official source, we say so rather than estimating.

SixTax, and the Ohio conformity date that goes stale

For a divorce or separation instrument executed after 31 December 2018, alimony is not deductible by the person paying it and not taxable to the person receiving it. The Tax Cuts and Jobs Act repealed the provisions that made it otherwise. For an instrument executed on or before that date the old treatment continues, unless it is later modified and the modification expressly adopts the new rule.

Under the old rule a higher-rate payer could shift income to a lower-rate recipient and the two of them shared the saving. That saving no longer exists. Note that the tax consequences of an award are factor (l) in Ohio’s own list, so this is not background — the statute directs the court to weigh it.

Ohio’s own income tax follows the federal treatment, so there is no state adjustment for alimony either way. Four states do not follow it — Arkansas, California, New Jersey and New York — which is worth knowing rather than assuming.

But Ohio does not adopt federal changes automatically. It incorporates the Internal Revenue Code as it exists on a statutory effective date that the legislature re-sets roughly every year — currently 5 March 2026, from Senate Bill 9 of the 136th General Assembly — and separately lets a taxpayer elect the Code actually in effect for the tax year. Any Ohio conformity date quoted without naming the amendment behind it goes stale within a year. Ours names it.

Authority: Tax Cuts and Jobs Act, Pub. L. 115-97, s. 11051, repealing Internal Revenue Code sections 71 and 215; see also IRS Publication 504. State treatment: Ohio Rev. Code s. 5747.01(A) and s. 5747.01(H).

Where all of this comes from

Ohio Rev. Code s. 3105.18 — awarding spousal support and modification of spousal support. Division (A) definition, (B) power and termination on death, (C)(1) the fourteen factors, (C)(2) the equal-contribution rule, (D) legal separation, (E) reservation of jurisdiction, (F) change of circumstances, (G) contempt costs. Current version effective 22 March 2013; latest legislation House Bill 461 of the 129th General Assembly. codes.ohio.gov

Ohio Rev. Code s. 3105.171 — division of property and financial misconduct. Ohio Rev. Code s. 3105.01 — causes for divorce.

Every quotation on this page was read from Ohio’s own statute site and is reproduced verbatim. Checked 23 August 2026. If a figure here has changed, or we have it wrong, tell us — corrections are published with the date and how long the error was live.

The rest of the Ohio picture. The full spousal support page is at alimony in Ohio. The number that usually moves a budget more is child support, which does run on guidelines. What it costs to file is at what an Ohio divorce costs, and the forms and deadlines are in the Ohio divorce kit.

Free, no account, nothing to sign up for. If somebody you know is about to sign an Ohio decree, section three is the part to send them, and it takes a minute to read.

The Cusp is not a law firm and does not provide legal, financial, or tax advice. This page quotes Ohio statutes and summarizes what they say; it is not advice about any particular case, and whether a given rule applies to you depends on facts this page cannot know. How this site makes money is published in full.