Can a spouse apply for canceling spousal support payment if the recipient remarries in Ohio?

Full question:

I divorced my husband about 8 months back. Although, I was successful in obtaining the decree of divorce, I was ordered by the court to pay a spousal support of $1150 every month until such time that he is able to find himself a job or remarry. When he started earning $300 from his part-time job, the court modified the support payment to $850 every month. He remarried about two months back and is living with his present wife in her apartment. Can I approach the court for canceling the spousal support completely?

• Category: Divorce
• Subcategory: Spousal Support
• Date: 04/07/2025
• State: Ohio

Answer:

Spousal support is granted to limit any unfair economic effects of a divorce by providing a continuing income to a non-wage-earning or lower-wage-earning spouse. In Ohio, ORC Ann. 3105.18 governs the provisions relating to spousal support and also provides for modification of spousal support. It reads:

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(D) In an action brought solely for an order for legal separation under section 3105.17 of the Revised Code, any continuing order for periodic payments of money entered pursuant to this section is subject to further order of the court upon changed circumstances of either party.
(E) If a continuing order for periodic payments of money as alimony is entered in a divorce or dissolution of marriage action that is determined on or after May 2, 1986, and before January 1, 1991, or if a continuing order for periodic payments of money as spousal support is entered in a divorce or dissolution of marriage action that is determined on or after January 1, 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 of the parties to the divorce that is incorporated into the                   decree contains a provision specifically authorizing the court to modify the amount or terms of alimony or spousal support.
     (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 amount or terms of alimony or spousal support.

(F) (1) For purposes of divisions (D) and (E) of this section and subject to division (F)(2) of this section, a change in the circumstances of a party includes, but is not limited to, any increase or involuntary decrease in the party's wages, salary, bonuses, living expenses, or medical expenses, or other changed circumstances so long as both of the following apply:

         (a) The change in circumstances is substantial and makes the existing award no longer reasonable and appropriate.
         (b) The change in circumstances was not taken into account by the parties or the court as a basis for the existing award when                it was established or last modified, whether or not the change in circumstances was forseeable.

     (2) In determining whether to modify an existing order for spousal support, the court shall consider any purpose expressed in the initial order or award and enforce any voluntary agreement of the parties. Absent an agreement of the parties, the court shall not modify the continuing jurisdiction of the court as contained in the original decree.
(G) If any person required to pay alimony under an order made or modified by a court on or after December 1, 1986, and before January 1, 1991, or any person required to pay spousal support under an order made or modified by a court on or after January 1, 1991, is found in contempt of court for failure to make alimony or spousal support payments under the order, the court that makes the finding, in addition to any other penalty or remedy imposed, shall assess all court costs arising out of the contempt proceeding against the person and shall require the person to pay any reasonable attorney's fees of any adverse party, as determined by the court, that arose in relation to the act of contempt.”

The above provisions provide that an order of spousal support may be modified by the court taking into account the change in circumstances from the time that the support was ordered to the time when such petition to modify was made. Subsequent marriage of the beneficiary of a spousal support order is a tenable reason for modification. Therefore, in the case at hand, it is possible to apply for modification of the spousal support order. The court may grant orders to stop payment to the recipient as he has remarried.