Oregon Divorce Source: Oregon Alimony

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Oregon Alimony

Spousal Support

If a spouse worked as a homemaker for a partner who had an economically advantageous position due to the joint efforts of both spouses, alimony or spousal support will be awarded as compensation.

The recipient of alimony or spousal support must make a reasonable effort to become self-supporting within 10 years or the support may be terminated.

In Oregon alimony influences the distribution of property, and it can become intricately involved in a divorce settlement. When spouses are unable to reach an agreement on this issue, the Circuit Court can order support on a case-by-case basis.

Support payments may be deducted from federal taxes, and the recipient must pay income tax on the payments.

Types of Alimony

Oregon awards three different types of spousal support in a divorce. They are:

Transitional support, which is support necessary for the spouse to obtain the necessary training and education to find a job or advance in his current career.
Compensatory support, which is awarded when one spouse provided a significant contribution towards the other spouse's education, job training or earning capacity.
Spousal maintenance, which can be awarded for a defined period or indefinitely. Factors used when determining spousal maintenance include the spouse's earning power, standard of living and financial needs.

Factors Considered by the Court

Alimony is discretionary in Oregon. According to Oregon Statutes - Volume 2 - Sections: 107.036, 107.105, 107.412, the court awards transitional spousal support after considering:

the length of the marriage;
a party’s training and employment skills;
a party’s job experience;
the financial requirements and resources of each party;
the tax ramifications to each party;
a party’s custodial and child support responsibilities; and
any other factors the court deems just and equitable.

The court awards compensatory spousal support after considering:

the amount, duration and nature of the contribution;
the length of the marriage;
the relative earning capacity of the parties;
the extent to which the marital estate has already benefited from the contribution;
the tax consequences to each party; and
any other factors the court deems just and equitable.

The court awards spousal maintenance after considering: