alimony/ohio

[jerbear54]

Hi, Does anyone know what happens in a situation where the STBX is retired at 55 years old from career in education, collecting STRS for last 3 years and is choosing not to work so that it looks like he has very little money?  This is in Ohio and the marriiage is 20 years.  He has a master's degree and principal certification.  I make a fraction of what he does and have a bachelor's degree.  I  will get a percentage of half of the retirement, but I was wondering what his non-working does to the possibilty of spousal support.  Also, is it better to try for investments as opposed to cash settlement even if the investments aren't worth much right now.

[TC]

What is STRS?

Are you divorced or just starting the process?

TC

[m_t]

This is probably more appropriate here (it gives everyone a clearer picture of the situation):

Hi, I was wondering if depression figures at all into spousal support in Ohio.  Am I more likely to be granted spousal support in this case?  Married 20 years last month.  What kind of proof is needed? 

How long have you been clinically (d/x'd) depressed?

[jerbear54]

I have been treated for depression for the 20- year length of my marriage.  I was recently hospitalized for it and am now seeing another counselor for it.  I will be entering an intensive outpatient program that meets 3 times a week this summer.  I am on my 4th medication for it.

[jerbear54]

STRS is state teachers retirement that takes the place of social security.  we are just now getting ready to enter the bargaining phase.  the final hearing is set for April 13.

[TC]

Well, it is doubtful that the courts will try and make him go back to work.....he retired while the two of you were still married and the court will view this as a joint decision.

As for the depression and how it might affect spousal support...I honestly don't know.....I would think that at a minimum, they would require him to continue medical insurance to cover the expense for treatment for a given amount of time...but other than that, I'm not sure.

TC

[jerbear54]

Thanks, I hadn't thought about it being a joint decision.  I heard that the judge cannot order him back to work, but that he may find it necessary to be able to make ends meet.  He is in great health and probably plans on working again anyway.  I think he is just waiting for this to be over with.

It sounds like alimony is hard to get.  I thought at the minimum it would be 1 year for every 3-4 years married, but I might be wrong.

Also, how is it paid.  Is there a way for me to avoid him writing me a check each month?

[TC]

Alimony, to the best of my knowledge, is not standardized like Child Support....basically each state has its own way of determining alimony...so I really don't have an answer for you there....but I would think a minimum of 3 years should be in order.  As to how you get paid...some states will take payments through the local Child Support unit, but not all...you would have to check with your state to see what is normal or what might be acceptable.

Have you talked with an attorney in you state yet?  Sounds like it might be time for you to start that proess as well.

TC

[jerbear54]

I do have an attorney, but I haven't had a lot of communication while waiting for the discovery process to be completed.  I will be seeing him soon to discuss all of this, but I kind of want to know a little before going in.  I have heard some horror stories about women leaving everything in the attorneys hand and not taking an active role in the process.  I want to be fair, but I need to look out for myself.  I have 2 grown kids that would suffer if I don't get on my own feet quickly.  They would want to help out but it wouldn't be fair to them.  I am uncomfortable being put in this position but he cheated and has made it clear that he wants no part of trying to work it out.

[TC]

I whole-heartedly agree.....it is in your best interest to figure out your local courts and how they operate as much as possible.  Also remember that attorneys work for YOU...not the other way around.

TC

[Lee Borden]

Your argument is going to need to be that your husband is voluntarily unemployed. Your lawyer can help you research the extent to which OH recognizes it and applies it to "early" retirement.

[jerbear54]

Hi, I hadn't thought of it that way by saying volutarily unemployed or "early retirement".  I will definitely bring it up in that light to my attorney!  Thanks,  Jeri