Frequently Asked Questions (FAQ's)

Is spousal support taxable?
As per federal tax laws since 2019, recipients no longer include alimony payments as taxable income while payers cannot deduct it from their taxes.
How does spousal support work in Oregon?
Spousal support (also known as alimony) may be awarded based on factors such as length of marriage, financial resources of each party, earning capacities, standard of living during marriage, and contributions made by one party towards education or career advancement opportunities for the other party. There are three types: transitional (short-term), compensatory (reimbursement), and maintenance (long-term). Spousal support amounts and duration are determined at a judge's discretion.
Are there different types of spousal support in Oregon?
Yes, Oregon recognizes three types: transitional (short-term), compensatory (for contributions made during marriage), and maintenance (long-term) support.
What is spousal support?
Spousal support, also known as alimony, is financial assistance paid by one spouse to another after a divorce or separation. It is designed to help the receiving spouse maintain their standard of living and become self-supporting.
Will I be required to pay alimony in an Oregon high asset divorce?
In a high asset divorce, alimony (spousal support) may be awarded based on factors like the length of the marriage, each spouse's income and earning capacity, contributions to career advancement or education, and standard of living during the marriage. The amount and duration of support will vary depending on specific case details.
Can I get spousal support (alimony) in an Oregon divorce?
Spousal support may be awarded depending on factors such as length of marriage, each spouse's income and earning capacity, contributions made during marriage (including homemaking), and financial needs of both parties.
Can spousal support be modified in Oregon?
Yes, spousal support can be modified in Oregon if there is a substantial change in circumstances since the original order was entered.
Can spousal support be modified?
Spousal support can generally be modified if there's a substantial change in circumstances since the original order was established; however, it may depend on specific language in your divorce decree.
Will I receive or have to pay spousal support during our legal separation?
Spousal support may be awarded during an Oregon legal marital separation if one spouse requests it and proves financial need. The amount and duration depend on factors such as length of marriage, earning capacity of each spouse, standard of living established during the marriage, and each party's contributions to their joint assets.
How is spousal support determined in Oregon?
In Oregon, the court determines spousal support based on factors such as the duration of the marriage, each spouse's income and earning capacity, contributions to homemaking or education during marriage, and age and health of both parties.
How does having a prenuptial or postnuptial agreement affect a high asset divorce?
A prenuptial or postnuptial agreement can greatly impact how assets are divided in a high asset divorce by predetermining how specific properties and financial interests will be allocated upon separation. These agreements can simplify property division issues during the divorce process if validly created and enforceable under Oregon law.
Can I waive my right to spousal support in an Oregon prenuptial agreement?
Yes, you can waive your right to spousal support; however, the court may still award it if they find that enforcing the waiver would result in substantial injustice or be unconscionable due to unforeseen circumstances at the time of divorce.

Oregon Personal Family Law and Divorce Law Blog

We work hard to stay up to date on the law and developments in Oregon family law and divorce law that may help our clients. Our firm maintains a policy of "information first" for the client, so we make every effort to share information with the public and clients. Our blog covers topics from the frequently asked questions (FAQs) that Oregon family law and divorce Attorneys encounter to news headlines that impact attorneys who help injured people. If there is a topic you would like to see covered, let us know, and we'll add it to our list of subject matter!

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Oregon Family Law

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Spousal Support (Alimony)

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Child Relocation

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Child Custody

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Child Support

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Child Custody Modification

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Child Support Modification

Learn about when Oregon child support can be modified.

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Prenuptial Agreements

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Spousal Support Modification

Times change, jobs change, circumstances change. Spousal support can too.

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