Oregon courts may grant alimony or spousal support upon dissolution of marriage if there is a disparity between income, ability, or other circumstances making it necessary. Alimony is determined on a case-by-case basis. The court will hear the evidence each party offers at the dissolution proceedings before deciding on an alimony award.
Types of Spousal Support
- Temporary – granted if needed during the period prior to final divorce.
- Short-Term – granted as needed for a spouse to gain education and training to allow the party to prepare for reentry into the job market.
- Long-Term or Permanent – granted as needed, especially in the case of a lengthy marriage during which one spouse contributed to the career or education of the other.
Who is Eligible for Alimony in Oregon
Either party to a divorce is eligible to collect spousal support in Oregon if financial or other circumstances make it necessary for the court to order support.
Oregon Alimony Guidelines (Factors for Awarding Alimony)
An Oregon court will consider the following to determine whether alimony is appropriate in a given case and the type and duration of alimony:
- Duration of the marriage;
- Age, health and condition of the spouses;
- Standard of living established during marriage;
- Training and employment skills;
- Work experience;
- Financial needs and resources of each party;
- Tax consequences;
- Custodial and child support responsibilities; and
- Any other factors the court finds relevant.
Reasons for Termination or Modification of Alimony in Oregon
The spouse receiving alimony must make a reasonable effort to become self-supporting within ten years or the support may be terminated. Death of either spouse or cohabitation or remarriage of the receiving spouse may also be grounds for termination of support. Either party may petition the court to modify a support order if change of circumstance makes the support agreement unreasonable.
Marital Fault in Oregon
Oregon is a no fault divorce state. Thus, the only basis for a divorce is irreconcilable differences that have led to the irremediable breakdown of the marriage. The court is not allowed to consider fault in determining alimony awards; however, such evidence may be considered if child custody is contested.
How Long Does Spousal Support Last in Oregon?
Length of support depends on the duration of the marriage, the needs and abilities of the parties, and any other factors the court determines just. Modification and termination of support are available even after a final agreement has been reached. Discuss your support agreement with an attorney if you are concerned about how long the support will last.
Oregon Alimony Taxes
Federal tax law requires that a spouse receiving mandated alimony payments report them as income for tax purposes. The paying spouse may also claim the payments as a deduction.
Find an Alimony Attorney in Oregon
Divorce can be a difficult and emotional process. An attorney can help by advising you of your rights, helping you approach the process with a strategy, and advocating on your behalf. By getting the help of an experienced attorney, you will be in a better position to expedite the process and move on with your life.