Types of Spousal Support

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Spousal support can be crucial to help ensure a financially dependent spouse’s needs are met after divorce. While every case is different, and each spouse’s circumstances are unique, Oregon law allows for several types of spousal support. Notably, support is not automatically ordered in a divorce case. Courts consider a variety of factors to determine what is fair to both spouses when determining the type of support, the duration, and the amount.

Types of Spousal Support in Oregon

Under Oregon law, there are several different types of spousal support that may be available to a spouse, depending on the facts of the case. Once a judge decides that spousal support is appropriate, they may order one of the following:

Transitional Spousal Support

Transitional spousal support is meant to help a financially dependent spouse gain the training, skills, or education they need to become self-supporting after the marriage has ended. It provides them with payments during the period of transition as they reenter the workforce or change careers. While the length of time transitional support is ordered can depend upon the amount of time needed for the spouse to obtain employment, it is typically shorter in duration than other types of support.

Compensatory Spousal Support

In some marriages, a spouse may have made substantial contributions to the other spouse’s education, training, or career advancement. For example, a spouse may have financially supported the other while they attended college or a training program. A spouse might also have relocated for the other’s job or contributed to their business, either financially or by providing labor. In such cases, a court may order compensatory spousal support to the spouse who contributed to the other’s ability to earn. Compensatory spousal support is meant to help offset any economic disadvantage the contributing spouse suffered. Specifically, it recognizes the spouse’s loss of earning capacity due to the contributions made to assist with the other’s career advancement. This type of support may be ordered as one lump sum payment or as ongoing payments, based on the judge’s discretion.

Maintenance Spousal Support

Another type of spousal support in Oregon is maintenance spousal support. This is payment made by the higher-earning spouse to the financially dependent spouse to help ensure they maintain a similar standard of living. Maintenance is usually only ordered in long-term marriages where the dependent spouse will be unable to become self-supporting. Depending on the facts and circumstances, maintenance spousal support may be awarded indefinitely.

Pendente Lite Spousal Support

Pendente lite spousal support may be awarded to a financially dependent spouse while the divorce case is pending. This type of spousal support is meant to help ensure a spouse’s expenses are covered, and their financial needs are met, before the final judgment is issued in the case.

How is Spousal Support Determined?

There is no definitive mathematical formula that determines the amount for the types of spousal support in Oregon. In determining whether support payments are appropriate in a case, a court would evaluate a number of factors, including the following:
  • The length of the marriage
  • The financial needs and resources of each spouse
  • The age and health of each spouse
  • Each spouse’s contributions to the marriage
  • Each spouse’s work experience and skills
  • Child support obligations
  • The standard of living during the marriage
  • Each spouse’s earning potential
Importantly, spousal support doesn’t always need to be determined in court. Spouses can discuss their concerns, find creative solutions, and craft an arrangement that works for both parties by using mediation or the collaborative process. Rather than allow a judge to decide the outcome, spouses can use these methods to reach a tailored agreement concerning the duration and amount of support payments. The agreement can also address the long-term impact of support payments and whether future modifications are permitted.

Contact an Experienced Oregon Spousal Support Attorney

If you have questions about the different types of spousal support that are available in Oregon, it’s best to consult with an experienced divorce and family law attorney who can advise you regarding your specific case. Based in Salem, Litowich Law offers knowledgeable counsel and reliable representation for a wide range of matrimonial matters throughout Oregon, including those involving spousal support. We welcome you to contact us for a consultation.
Categories: Spouse Support