What Evidence Supports Spousal Support Claims?
May 27, 2025
When you're going through a divorce, the question of spousal support, commonly referred to as alimony, can quickly become one of the most emotionally and financially intricate parts of the process. Whether you're seeking support or facing the possibility of paying it, it's important to understand what kind of evidence supports spousal support claims in Ohio.
As family law attorneys in Dayton, Ohio, Staton & Fisher, LLP, are here to help you understand the spousal support process and walk you through the key types of evidence that matter in these types of cases. Here, we’ll give an overview of how we can help you prepare to present a strong claim.
The Basics of Spousal Support in Ohio
Before we examine the specific types of evidence, let’s briefly cover how spousal support works in Ohio. Under Ohio Revised Code § 3105.18, courts may award spousal support if it’s “appropriate and reasonable.” There’s no precise formula to calculate the amount or duration of spousal support in Ohio. Instead, the court examines things like:
The duration of the marriage
The standard of living during the marriage
Each party’s income and earning capacity
The age and health of the spouses
Education and job training needs
Assets and liabilities
Contributions as a homemaker
Any other relevant factors
The burden is on the person requesting spousal support to show why it's warranted. This is where the right evidence becomes essential. Working with skilled family law attorneys can make a difference in your case. Contact our firm at Staton & Fisher, LLP, to discuss your situation and see how we can help.
Financial Disclosures and Income Documentation
One of the foundational pieces of evidence in any spousal support case is income documentation. The court needs to understand what each party earns or is capable of earning. These include key documents such as pay stubs, W-2 forms and 1099s, tax returns, employer-provided benefits statements, and income from side businesses or investments.
If you're self-employed, you’ll be expected to provide your business tax returns, profit and loss statements, bank records, and accounting software summaries, in addition to some of the documentation mentioned above. The goal is to create a clear and credible picture of your financial life. Undisclosed income or inconsistencies can harm your credibility in court.
Employment History and Earning Capacity Evidence
Spousal support isn't just about what you earn now - it's also about what you reasonably could earn. For example, if one spouse has a degree but hasn't worked in years due to raising children, the court will want to know what kind of job they could realistically get. This is called “evidence of earning capacity”, and may include:
Educational degrees, licenses, and certifications
Work history and resume
Professional vocational evaluations
Job market analysis or job postings
If you're the spouse seeking support and have been out of the workforce, a vocational professional can assess your retraining needs and timeframes for returning to work. If you're defending against a claim, a vocational professional might argue that your ex is underemployed by choice. At Staton & Fisher, LLP, we’re experienced in these areas and can help you with the next steps.
Marital Standard of Living Evidence
One of the most important, but often overlooked, factors in a spousal support claim is the standard of living established during the marriage. Courts often aim to allow both parties to maintain a lifestyle reasonably close to what they were used to, at least for a transition period. Useful evidence for this step includes:
Household budgets and spending records
Bank statements and credit card records
Mortgage and rent payments
Travel, entertainment, and luxury expenses
Photos or home appraisals reflecting lifestyle
This type of evidence helps the court understand what kind of lifestyle the requesting spouse is trying to maintain, and whether it’s reasonable to expect support to assist in doing so. Be sure to include each of the evidence types mentioned above, and be clear in your explanation of how each piece contributes to the standard of living you have maintained.
Marriage Duration and Contributions
The length of the marriage plays a critical role in spousal support. Generally, the longer the marriage, the more likely long-term or even indefinite support becomes appropriate. Documentation and testimony about the length and quality of the marriage can include the following items:
Marriage certificate
Testimony about homemaking contributions
Child-rearing responsibilities
Support of the other spouse’s career or education
Sacrifices made for the sake of the family unit
This is especially important if you're the spouse who gave up career opportunities to raise children or support your partner’s advancement. Courts take those contributions seriously if they’re clearly and credibly presented. Speak with one of our attorneys to see how we can help you present this information to the court.
Health and Age Considerations
A spouse's age and health can affect both earning ability and financial need. The court will consider whether a party has any physical or mental conditions limiting their ability to work or that increase their expenses. Relevant evidence includes medical records, letters from treating physicians, records of disability benefits or applications, and insurance statements.
Remember, medical evidence can be sensitive, so it’s recommended to work with your attorney to handle this delicately and be sure that you’re protecting your privacy while making a strong case. We’re experienced in handling this type of information with the utmost confidentiality and discretion, and can make sure your information is protected.
Assets, Liabilities, and Property Division Impact
While spousal support is separate from property division, the court cannot ignore the economic reality created by the property settlement. If a spouse received a large marital asset award (like a house or investment account), that could offset the need for ongoing support. Be ready to present the following information:
Property division worksheet
Appraisals of significant assets
Mortgage statements
Debt summaries
Retirement account balances
Your attorney may use financial professionals, such as a Certified Divorce Financial Analyst (CDFA), to show how the property division affects your long-term financial needs. When you work with us at Staton & Fisher, LLP, you can rest assured that we’ll collaborate with experienced financial consultants to assess your case.
Tax Considerations
Although post-2019 spousal support is no longer tax-deductible for the paying spouse (and not considered income for the recipient), tax implications can still matter when calculating available income, particularly for high earners or those with detailed finances. Evidence that impacts this area might include:
Tax return schedules showing deductions and liabilities
Financial affidavits detailing net vs. gross income
CPA testimony in intricate cases
Understanding how taxes affect net spendable income is often overlooked, but can have a major impact on what’s considered a fair support amount. Don’t skim past this part of the process, but take time to review this evidence with our attorneys to be sure that you won’t be negatively impacted.
Contact Our Family Law Attorneys Today
If you believe you're entitled to spousal support, or if you need to challenge an unreasonable claim, your first step should be to consult with an experienced Ohio family law attorney.
Our team at Staton & Fisher, LLP, serves residents of Dayton, Ohio, Huber Heights, Ohio, and the surrounding areas of Montgomery County, Miami County, and Clark County in Ohio. Contact our office today for a confidential consultation.