Spousal Support Eligibility After a Long Marriage
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Reviewed & verified by A. Jason Velez, Esq.*
Managing Attorney, 1LAW · Last reviewed January 14, 2026
Legal Inquiry
Consumer Legal Issue
We have been married 13 years. We have had trouble two different times, each time my wife has cheated on me with another man. Could I get alimony or spousal support from her? She has a second job in addition to her 32-hour job.
Attorney Answer
Spousal support is possible after a 13-year marriage, and infidelity alone won't decide it either way — a court doesn't need a finding of fault to award support, and support isn't barred just because one spouse had an affair. But Ohio is not a no-fault-only state, and that difference matters to you. Under Ohio Revised Code section 3105.01, Ohio offers fault grounds for divorce, including adultery at subsection (C), alongside the no-fault grounds of living separate and apart without cohabitation for one year at subsection (J) and incompatibility at subsection (K). Incompatibility is available only unless denied by either party, so a spouse who simply denies it defeats that ground — while adultery, which is what your facts describe, remains a ground you can plead.
Under Ohio Revised Code section 3105.18(C)(1), a court deciding spousal support must weigh a list of statutory factors — including each spouse's income and relative earning ability, the duration of the marriage, and each party's age and physical, mental, and emotional condition — with no single factor controlling. A court may consider marital misconduct, including infidelity, as one factor among many, but it does not by itself guarantee or prevent an award.
The facts provided don't establish which spouse earns more, carries insurance, or has health issues, and the note that the second position is a different job from the 32-hour job isn't clear enough to show how it affects either spouse's income for support purposes. That detail needs clarification before any conclusion can be drawn.
What you can do:
1. Document both spouses' actual current incomes, including income from all jobs and hours worked.
2. Gather records showing the length of the marriage and the standard of living during it.
3. Note any age or health circumstances that might affect either spouse's earning capacity.
4. Bring this information to a local family law attorney to evaluate a realistic spousal support range.
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Frequently Asked Questions
Does a spouse's infidelity prevent them from receiving alimony?
In Ohio, infidelity alone does not automatically bar spousal support. Ohio Revised Code section 3105.18(C)(1) directs the court to weigh a list of factors, and a court may consider marital misconduct as one factor among several. Adultery is separately a ground for divorce under Ohio Revised Code section 3105.01(C), but pleading it does not by itself decide support.
What factors do courts generally consider when deciding spousal support?
Courts typically weigh factors such as each spouse's income and earning ability, the length of the marriage, and each party's age and health, with no single factor being controlling.
Does the length of a marriage affect the likelihood of spousal support?
Yes, in many states a longer marriage is generally associated with a greater likelihood of support being awarded and can affect its duration.
