Sec. 3105.18. (A) As used in this section, "spousal
support" | 7 |
means any payment or payments to be made to a spouse or
former | 8 |
spouse, or to a third party for the benefit of a spouse or
a | 9 |
former spouse, that is both for sustenance and for support of
the | 10 |
spouse or former spouse. "Spousal support" does not include
any | 11 |
payment made to a spouse or former spouse, or to a third
party
for | 12 |
the benefit of a spouse or former spouse, that is made
as part
of | 13 |
a division or distribution of property or a
distributive award | 14 |
under section 3105.171 of the Revised Code. | 15 |
(B) In divorce and legal separation proceedings, upon the | 16 |
request of either party and after the court determines the | 17 |
division or disbursement of property under section 3105.171 of
the | 18 |
Revised Code, the court of common pleas may award reasonable | 19 |
spousal support to either party. During the pendency of any | 20 |
divorce, or legal separation proceeding, the court may award | 21 |
reasonable temporary spousal support to either party. | 22 |
(k) The time and expense necessary for the spouse who is | 57 |
seeking spousal support to acquire education, training, or job | 58 |
experience so that the spouse will be qualified to obtain | 59 |
appropriate employment, provided the education, training, or job | 60 |
experience, and employment is, in fact, sought; | 61 |
(E) If a continuing order for periodic payments of money
as | 77 |
alimony is entered in a divorce or dissolution of marriage
action | 78 |
that is determined on or after May 2, 1986, and before
January 1, | 79 |
1991, or if a continuing order for periodic payments
of money as | 80 |
spousal support is entered in a divorce or
dissolution of marriage | 81 |
action that is determined on or after
January 1, 1991, the court | 82 |
that enters the decree of divorce or
dissolution of marriage does | 83 |
not have jurisdiction to modify the
amount or terms of the alimony | 84 |
or spousal support unless the
court determines that the | 85 |
circumstances of either party have
changed and unless one of the | 86 |
following applies: | 87 |
(G) If any person required to pay alimony under an order made | 100 |
or modified by a court on or after December 1, 1986, and before | 101 |
January 1, 1991, or any person required to pay spousal support | 102 |
under an order made or modified by a court on or after January 1, | 103 |
1991, is found in contempt of court for failure to make alimony
or | 104 |
spousal support payments under the order, the court that makes
the | 105 |
finding, in addition to any other penalty or remedy imposed,
shall | 106 |
assess all court costs arising out of the contempt
proceeding | 107 |
against the person and shall require the person to pay
any | 108 |
reasonable attorney's fees of any adverse party, as
determined by | 109 |
the court, that arose in relation to the act of
contempt. | 110 |
(H) In divorce or legal separation proceedings, the court
may | 111 |
award reasonable attorney's fees to either party at any stage
of | 112 |
the proceedings, including, but not limited to, any appeal,
any | 113 |
proceeding arising from a motion to modify a prior order or | 114 |
decree, and any proceeding to enforce a prior order or decree, if | 115 |
it determines that the other party has the ability to pay the | 116 |
attorney's fees that the court awards. When the court determines | 117 |
whether to award reasonable attorney's fees to any party pursuant | 118 |
to this division, it shall determine whether either party will be | 119 |
prevented from fully litigating that party's rights and
adequately | 120 |
protecting that party's interests if it does not
award reasonable | 121 |
attorney's fees. | 122 |
Sec. 3105.73. (A) In an action for divorce, dissolution, | 123 |
legal separation, or annulment of marriage or an appeal of that | 124 |
action, a court may award all or part of reasonable attorney's | 125 |
fees and litigation expenses to either party if the court finds | 126 |
the award equitable. In determining whether an award is equitable, | 127 |
the court may consider the parties' marital assets and income, any | 128 |
award of temporary spousal support, the conduct of the parties, | 129 |
and any other relevant factors the court deems appropriate. | 130 |
(B) In any post-decree motion or proceeding that arises out | 131 |
of an action for divorce, dissolution, legal separation, or | 132 |
annulment of marriage or an appeal of that motion or proceeding, | 133 |
the court may award all or part of reasonable attorney's fees and | 134 |
litigation expenses to either party if the court finds the award | 135 |
equitable. In determining whether an award is equitable, the court | 136 |
may consider the parties' income, the conduct of the parties, and | 137 |
any other relevant factors the court deems appropriate, but it may | 138 |
not consider the parties' assets. | 139 |
Section 3. Section 3105.18 of the Revised Code, as amended by | 152 |
this act, and section 3105.73 of the Revised Code, as enacted by | 153 |
this act, apply to any action for divorce, legal separation, or | 154 |
annulment of marriage or any post-decree action or proceeding | 155 |
arising from a divorce, legal separation, annulment, or | 156 |
dissolution of marriage if any of the
following apply: | 157 |