FAQ: Spousal Support In Oregon

Posted on April 28, 2021 02:43pm
FAQ: Spousal Support In Oregon

Spousal support is a court-ordered provision of financial support that one spouse is awarded if the court determines they are incapable of maintaining the standard of living established during the marriage on their own. There are a number of factors pertaining to the marital and economic lives of both parties that impact how much spousal support is awarded.

In Oregon, there are three types of spousal support:

  • Transitional Support: This form of support is supposed to help the receiving party obtain the education or training that they need to reenter the workforce or advance in the job market.
  • Compensatory Support: This type of support is awarded to a spouse who has made a significant contribution to the other’s education, training, vocational skills, career, or earning capacity.
  • Maintenance Support: With this option, a contribution is made by one spouse to the other, either for a specified or indefinite period of time.

Do Oregon Courts Consider Custodial Status When Determining Spousal Support?

Judges in Oregon consider the custodial status of a parent when determining how much alimony should be awarded. If a spouse has custody of a child, then they might receive larger alimony payments.

How Long Must I Pay Spousal Support?

The duration of spousal support payments is determined by a judge and is usually based on how long the marriage lasted. One common standard judges use for spousal support is that 1 year is paid for every three years of marriage.  However, judges have discretion when determining the amount of spousal support awarded, which means they can also award permanent alimony. Spousal support can be stopped if the receiving spouse remarries or cohabitates with another party.

Can I Use a Prenuptial Agreement to Avoid Paying Spousal Support?

A prenuptial agreement is a contract that spouses draft to address marriage-related financial matters. Spousal support is just one of the many important financial matters that you can include in a prenup to ensure both spouses feel comfortable entering the marriage.

The legal professionals at McKinley Irvin know that navigating divorce can be complicated if you aren’t familiar with the law. Please contact us to request a case consultation in Portland.

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