Spousal Support (Alimony)

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3. Honest Assessment of Case

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Spousal Support (Alimony)?

Our attorneys are ready to help with your spousal support (alimony) case.

What is Oregon spousal support (or alimony)?

Depending on the circumstances in an Oregon divorce matter, the court might find that it is appropriate to award one of the parties "spousal support" (sometimes called "alimony" in other states). Essentially, it is a payment of money after the marriage from one spouse to the other, generally every month for a prescribed amount of time.

Types of Oregon Spousal Support

Oregon law has defined three types of spousal support: 1. Transitional Spousal Support — Generally shorter term, this type of support is intended to help a spouse transition from married life to post-married life, and to ease the financial shock; 2. Compensatory Spousal Support — This type of Oregon spousal support is intended to compensate a spouse who made a significant sacrifice or contribution to the other spouse's training, career path, training, or earning capacity; and 3. Maintenance Spousal Support — This variation of Oregon spousal support is used to maintain a spouse's standard of living after the marriage to be similar to that enjoyed during the marriage, at least to the extent possible.

When do Oregon courts award spousal support or alimony?

Oregon spousal support is a complicated area governed by a vast number of factors that can be considered by the judge. There is no calculator like there is for child support. Instead, the court generally will first look at: the length of the marriage; the income of each party, the age of the parties; the income-earning abilities of the parties comparatively; the education and work experience for each spouse; how much each spouse will pay for childcare; the tax implications for both parties; the health of the parties; and any other factor the court determines is "just and equitable." Necessarily, the court can look at just about anything that it thinks would be fair to consider before it makes an award of spousal support.

Oregon Spousal Support Is Fact-Specific

Since so many factors can be considered by judges when determining an appropriate spousal support award, it's essential that you review this area of Oregon law with an experienced Oregon divorce lawyer. The best Oregon spousal support attorneys will evaluate a range of individualized factors in your case. They should provide you with a range of values regarding what you might expect to either pay or receive in support if the matter were to go to trial.

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Spousal Support (Alimony)
Frequently Asked Questions (FAQ's)

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.
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.
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.
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.
Can I receive both child and spousal support?
Yes, you can receive both forms of financial assistance; however, they are calculated separately based on state guidelines for child support and case-specific factors for alimony.
Can I request temporary spousal support during my divorce proceedings?
Yes, you can request temporary support while your divorce is pending; the court will determine the appropriate amount based on factors similar to those considered in a final spousal support order.
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 long does spousal support last?
The duration varies depending on factors such as type of alimony awarded and length of marriage; courts may set an end date or leave it indefinite until further review or termination events occur (e.g., remarriage).


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Useful Oregon Statutes For
Spousal Support (Alimony)

Ex Parte Temporary Custody Or Parenting Time Orders


ORS 107.097(2)

...

(a) A party may apply to a court for a temporary protective order of restraint by filing with the court an affidavit or a declaration under penalty of perjury in the form required by ORCP 1 E, conforming to the requirements of ORS 109.767. (b) Upon receipt of an application under this subsection, the court may issue a temporary protective order of restraint restraining and enjoining each party from:

(A) Changing the child’s usual place of residence;

(B) Interfering with the present placement and daily schedule of the child;

(C) Hiding or secreting the child from the other party;

(D) Interfering with the other party’s usual contact and parenting time with the child;

(E) Leaving the state with the child without the written permission of the other party or the permission of the court; or

(F) In any manner disturbing the current schedule and daily routine of the child until custody or parenting time has been determined.


Read Full Text: ORS 107.097

Parenting Plan


(1) In any proceeding to establish or modify a judgment providing for parenting time with a child, except for matters filed under ORS 107.700 (Short title) to 107.735 (Duties of State Court Administrator), there shall be developed and filed with the court a parenting plan to be included in the judgment. A parenting plan may be either general or detailed.

(2) A general parenting plan may include a general outline of how parental responsibilities and parenting time will be shared and may allow the parents to develop a more detailed agreement on an informal basis. However, a general parenting plan must set forth the minimum amount of parenting time and access a noncustodial parent is entitled to have.

(3) A detailed parenting plan may include, but need not be limited to, provisions relating to:

(a) Residential schedule;

(b) Holiday, birthday and vacation planning;

(c) Weekends, including holidays, and school in-service days preceding or following weekends;

(d) Decision-making and responsibility;

(e) Information sharing and access;

(f) Relocation of parents;

(g) Telephone access;

(h) Transportation; and

(i) Methods for resolving disputes.


Read Full Text: ORS 107.102

Provisions Of Judgment


ORS 107.105 is a huge statute that provides detailed provisions governing not only the provisions of a divorce or separation judgment but also provisions regarding attorney fees. Rather than quote select parts, the statute may be reviewed in its entirety at the link below.


Read Full Text: ORS 107.105

Vacation Or Modification Of Judgment


(1) The court may at any time after a judgment of annulment or dissolution of marriage or of separation is granted, upon the motion of either party and after service of notice on the other party in the manner provided by ORCP 7, and after notice to the Division of Child Support when required under subsection (9) of this section:

(a) Set aside, alter or modify any portion of the judgment that provides for the appointment and duties of trustees, for the custody, parenting time, visitation, support and welfare of the minor children and the children attending school, as defined in ORS 107.108 (Support or maintenance for child attending school), including any health or life insurance provisions, for the support of a party or for life insurance under ORS 107.820 (Support order as insurable interest) or 107.830 (Physical examination may be ordered);

(b) Make an order, after service of notice to the other party, providing for the future custody, support and welfare of minor children residing in the state, who, at the time the judgment was given, were not residents of the state, or were unknown to the court or were erroneously omitted from the judgment;

(c) Terminate a duty of support toward any minor child who has become self-supporting, emancipated or married;

(d) After service of notice on the child in the manner provided by law for service of a summons, suspend future support for any child who has ceased to be a child attending school as defined in ORS 107.108 (Support or maintenance for child attending school); and

(e) Set aside, alter or modify any portion of the judgment that provides for a property award based on the enhanced earning capacity of a party that was awarded before October 23, 1999. A property award may be set aside, altered or modified under this paragraph.

...


Read Full Text: ORS 107.135

Factors Considered In Determining Custody Of Child


(1) Except as provided in subsection (6) of this section, in determining custody of a minor child under ORS 107.105 (Provisions of judgment) or 107.135 (Vacation or modification of judgment), the court shall give primary consideration to the best interests and welfare of the child. In determining the best interests and welfare of the child, the court shall consider the following relevant factors:

(a) The emotional ties between the child and other family members;

(b) The interest of the parties in and attitude toward the child;

(c) The desirability of continuing an existing relationship;

(d) The abuse of one parent by the other;

(e) The preference for the primary caregiver of the child, if the caregiver is deemed fit by the court; and

(f) The willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child. However, the court may not consider such willingness and ability if one parent shows that the other parent has sexually assaulted or engaged in a pattern of behavior of abuse against the parent or a child and that a continuing relationship with the other parent will endanger the health or safety of either parent or the child.

...


Read Full Text: ORS 107.137

Proceeding To Determine Custody Or Support Of Child


(1) If a child is born to an unmarried person and parentage has been established under ORS 109.065 (Establishing parentage), or if a child is born to a married person by a person other than the birth mother’s spouse and parentage between the person and the child has been established under ORS 109.065 (Establishing parentage), either parent may initiate a civil proceeding to determine the custody or support of, or parenting time with, the child. The proceeding shall be brought in the circuit court of the county in which the child resides or is found or in the circuit court of the county in which either parent resides. The parents have the same rights and responsibilities regarding the custody and support of, and parenting time with, their child that married or divorced parents would have, and the provisions of ORS 107.094 (Forms for restraining order and request for hearing) to 107.449 (Transfer of proceeding under ORS 107.135 to auxiliary court) that relate to custody, support and parenting time, the provisions of ORS 107.755 (Court-ordered mediation) to 107.795 (Availability of other remedies) that relate to mediation procedures, and the provisions of ORS 107.810 (Policy), 107.820 (Support order as insurable interest) and 107.830 (Physical examination may be ordered) that relate to life insurance, apply to the proceeding.

...


Read Full Text: ORS 109.103

Services

Pacific Family Law Firm is focused on one area of law: family law. From divorces to child support to spousal support to custody modifications, we're ready to help. Whether your your case has been open for years and is having a judgment modified, or if you have never had an attorney before and are just figuring out how to proceed with a divorce or other family change, we will take care of you.

Oregon Family Law & Divorce Blog

At Pacific Family Law Firm in Oregon, staying current on the latest developments in Oregon divorce and family law topics is a top priority. 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 Lawyers encounter to news headlines that impact Oregon families. 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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