Can I Enforce a Spousal Support Order?

July 25th, 2025
Posted By
Sarah M. Litowich
Gavel laying on top of us money.
Divorce can have a significant economic impact on both parties — especially on a spouse who financially relied on the other during the marriage. While spousal support can be crucial to ensure a lower-earning spouse’s financial needs are met during or after divorce, the paying spouse may not always comply with their court-ordered obligation. In these cases, the recipient party has several tools available to enforce a spousal support order and ensure they receive the payments to which they are legally entitled.

What is Spousal Support?

Commonly referred to as “alimony,” spousal support is meant to help a lower-earning spouse get back on their feet after divorce and become financially independent. Support is categorized into three different types in Oregon, including the following:
  • Transitional support — This type of support is meant to help a spouse acquire the training, education, and skills necessary to reenter the workforce and become self-supporting.
  • Compensatory support — Compensatory support is awarded in situations where a spouse made significant contributions to the other’s career or education during the marriage.
  • Spousal maintenance — Spousal maintenance is a court-ordered payment made by the higher-earning spouse to the lower-earning spouse after a divorce action has been finalized. It is meant to help the financially dependent maintain a similar standard of living to what they had during the marriage.
There is no set formula to determine spousal support in Oregon. The amount of spousal support and the duration for which it is ordered can vary based on a number of factors that would be considered by the court. Factors that a judge would look at to decide spousal support can include the length of the marriage, each spouse’s financial resources and needs, each spouse’s work experience, and a spouse’s contribution to the other’s career or education. A judge would also evaluate the standard of living during the marriage, child custody obligations, and each spouse’s earning potential.

Steps to Take if the Paying Spouse Refuses to Make Spousal Support Payments

If the obligor spouse refuses to make court-ordered spousal support payments, there are certain steps the recipient spouse should take to protect their rights. First, it’s essential to carefully review the order to assess whether there are any terms or conditions that may have affected a change. If spouses are amicable, the recipient spouse should attempt to reach out to the paying spouse to resolve the issue — in some cases, a spouse may have stopped making payments simply due to a misunderstanding. It's vital to keep detailed notes regarding any conversations with the paying spouse and record any missed payments. This documentation will be essential if it is necessary to file an action in court to enforce spousal support. If the matter cannot be resolved, it’s best to contact an experienced attorney. In the event a spouse willfully refuses to pay, a motion for contempt may be filed with the court.

Are There Valid Reasons to Not Pay Spousal Support?

There are some valid reasons a person may not pay spousal support — such as financial hardship or a significant change in financial circumstances. However, a spouse cannot simply decide not to obey a court order. In the event the paying party has experienced unemployment, illness, or another unexpected circumstance that inhibits their ability to make payments, they would need to request a spousal support modification from the court to lower their obligation — failure to pay can result in them being held in contempt. It isn’t always necessary to litigate a spousal support modification matter. Spouses may agree to a support modification outside of court using mediation or another form of alternative dispute resolution. If spouses settle the issue between themselves, a written agreement must be submitted to the court and signed by the judge to become an enforceable order.

What Tools are Available to Enforce Spousal Support?

There are several different legal mechanisms that can be used to enforce a spousal support order in Oregon. A non-paying spouse can be held in contempt of court if they willfully refuse to comply with a court order. If the court finds a spouse to be in contempt, a judge can impose sanctions — including monetary fines, attorney fees, compensation for the other spouse’s damages, and jail time in serious cases. In addition to contempt, other methods that can be used to enforce spousal support can include the following:
  • Intercepting tax refunds due to the obligor
  • Obtaining a wage withholding order
  • Seizing the obligor’s assets, including bank accounts or investment accounts
  • Placing a lien on the obligor’s property
Every situation involving spousal support enforcement is unique. A skillful divorce and family attorney can best advise regarding the available options based on the specific facts of the case.

Contact an Experienced Oregon Spousal Support Attorney

Enforcing spousal support can be complex. It’s important to have an experienced attorney by your side who can help you navigate the legal process and protect your rights. Based in Salem, Litowich Law offers reliable counsel and trusted representation for a wide range of matrimonial and family law matters throughout Oregon, including those involving spousal support. We welcome you to contact us for a consultation.
Categories: Spouse Support