What to Know About Spousal Support in Oregon

October 4th, 2024
Posted By
Sarah M. Litowich
Young female lawyer is trying to calm down her client during divorce meeting.
If you are going through a divorce or legal separation and spousal support is an issue, it’s crucial to be aware of your rights. Commonly referred to as “alimony,” spousal support is payment made to the lower-earning spouse after divorce to help maintain the financial status quo. A spouse of either gender can make a request for spousal support in Oregon during divorce or separation proceedings if they were financially dependent on the other during the marriage. Here are five important things to know about spousal support in Oregon:

1. There are Three Types of Spousal Support in Oregon

Spousal support is a payment that is awarded in a divorce or legal separation to address the financial needs of a lower-earning or financially dependent spouse. There are three types of spousal support that can be awarded in Oregon, and each serves a different purpose. The types of spousal support are as follows:
  • Transitional support — Transitional spousal support is meant to provide the financially dependent spouse with the support they need to go back into the job market or obtain the training necessary to become self-sufficient.
  • Maintenance — Maintenance support is awarded to a financially dependent spouse when there is a disparity in earning capacity. This form of support is meant to help ensure the lower-earning spouse maintains a similar standard of living to the one they enjoyed during the marriage.
  • Compensatory — Compensatory spousal support can be awarded to a spouse who made financial or other contributions to the other spouse’s higher education or increase in earning capacity.
Temporary support may be ordered before a final judgment has been issued, while the case is ongoing. However, it’s essential to understand that spousal support must be requested during divorce or legal separation proceedings. It cannot be requested after the case has been finalized if the court did not order it as part of the original divorce or separation judgment.

2. Spousal Support is Not Automatic

Spousal support is not awarded automatically in every divorce case. It is based on the needs of the dependent spouse and the financial resources of the higher-earning spouse. Spouses can reach a settlement regarding spousal support between themselves with the help of mediation or using the collaborative divorce process. However, if spouses cannot agree on the amount or duration of support — or whether it should be awarded at all — the matter can be litigated in the courtroom where a judge will decide the outcome.

3. There is No Official Calculator for Spousal Support in Oregon

Unlike child support, there is no official calculation for spousal support in Oregon. Rather, it is a negotiation. If a judge is deciding the issue, there are several factors a court would consider to determine a fair amount and duration, including the following:
  • The duration of the marriage
  • The financial needs and resources of both spouses
  • The age of both spouses
  • Each spouse’s work experience and skills
  • The physical, mental, and emotional health of the parties
  • Child custody and child support obligations
  • The standard of living during the marriage
  • The potential income for each spouse
A court might also consider other factors that are deemed relevant to a specific case.

4. Spousal Support in Oregon Can Be Modified

A spousal support award can be modified in the future if either spouse has had a substantial change in financial circumstances. This could include loss of employment, an involuntary reduction in income, an increase in income for the spousal support recipient, remarriage, or disability of a party. Spousal support can also be terminated if a spouse passes away or in instances where the remarriage of a receiving spouse substantially improves their financial condition. However, the parties can agree to make spousal support non-modifiable in their divorce judgment.

5. Spousal Support Payments Can Be Enforced by the Court

Spousal support in Oregon must be paid in accordance with the court order that was issued. If the supporting spouse fails to comply with the court order for spousal support, the receiving spouse may file a motion asking that the court enforce the award. In such cases, the receiving spouse can request that payments be withheld from the other spouse’s wages. The court may even hold a spouse in contempt, which can result in sanctions such as monetary fines, compensation for the other spouse’s damages and attorney fees, or jail time.

Contact an Experienced Oregon Divorce Attorney

If you have questions about spousal support in Oregon and how it applies to your case, a knowledgeable divorce attorney can help. Based in Salem, Litowich Law offers clients throughout Oregon experienced representation and skillful counsel for divorce and spousal support matters. We welcome you to contact us to schedule a consultation.
Categories: Spouse Support