Bend Spousal Support Attorney

Helping Clients With Spousal Support Matters in Oregon

Spousal support is financial payments the court orders one party to pay to another during and/or after divorce. Not every divorce requires spousal support, but they may only be ordered in cases involving marriage.

Where child support is based on a formula in Oregon, awards of spousal support are based on what is “just and equitable under the circumstances.” With this broad standard, the court will be able to better consider the individual circumstances of the parties.

Contact our Bend spousal support lawyers at (541) 238-9210 today for a consultation!

How is Spousal Support Determined in Oregon?

What Types of Spousal Support are Available in Oregon?

In the state of Oregon, there are several types of spousal support, which are:

• Transitional
• Compensatory
• Maintenance

What type of support the court considers over the other heavily depends on the circumstances of the parties. In some cases, the court will award multiple forms of child support.

What is Transitional Spousal Support?

Transitional spousal support refers to the amount one party is required to pay to the other to help them further their education or training to set them up for reentry into the job market or in pursuit of advancement. This form of support is often awarded for marriages that lasted a short amount of time. The goal is to transition into unmarried life without having the support of their ex spouse.

What is Compensatory Spousal Support?

Compensatory spousal support is awarded in cases involving a party who made a significant financial contribution to the education, training, skills, or career of their partner. Another reason for this form of support to be given is when the other party is granted substantially more value of property during the divorce.

What is Maintenance Spousal Support?

Maintenance spousal support is often awarded for a long-term marriage where a significant gap exists between the earning capacity of both parties, and that that gap will never be closed. The goal of maintenance support is to enable both parties to live separately with a standard that is comparable to how they lived during the marriage. This form of spousal support is ordered either for a specific or indefinite period.

How Long Do Most Spouses Pay Alimony in Oregon?

The duration of alimony, or spousal support, in Oregon depends on various factors. There are no fixed rules for how long alimony must be paid, but generally, the length of payments correlates with the duration of the marriage:

• Short-Term Marriages: For marriages lasting fewer than 10 years, spousal support is typically awarded for a shorter period, often equal to half the length of the marriage. For example, if the marriage lasted 5 years, the support might be awarded for around 2 to 3 years. In some cases, the court may also award a lump-sum payment instead of ongoing support.
• Long-Term Marriages: Marriages lasting 10 years or more are often classified as long-term, and courts are more likely to award longer-term spousal support. In these cases, payments may continue for a more extended period, and in some instances, they may even be permanent. However, permanent spousal support is usually reserved for cases where one spouse cannot support themselves due to age, health, or lack of employment opportunities.

Is it Possible to Modify Spousal Support in Oregon?

In some cases, spousal support orders may need to be modified after the divorce is finalized. A Bend spousal support lawyer can help you navigate the process of requesting a modification if your financial situation has changed.

To modify spousal support, a party must show that there has been a substantial change in circumstances that justifies a modification. Some common reasons for requesting a modification include:

• Loss of income or job: If the paying spouse loses their job or experiences a significant drop in income, they may seek a reduction in spousal support payments.
• Increase in the receiving spouse's income: If the receiving spouse's financial situation improves, they may no longer need the same level of support.
• Health problems: Serious health issues can impact the ability of either spouse to work and may result in a request to modify spousal support.
• Remarriage: In Oregon, if the receiving spouse remarries, this may be grounds for the termination or reduction of spousal support.

What Disqualifies You from Spousal Support in Oregon?

While spousal support is commonly awarded in Oregon, certain factors can disqualify a spouse from receiving or paying support. Some of the common disqualifying factors include:

• Fault or Misconduct: Severe misconduct (e.g., domestic violence or criminal behavior) can influence the court’s decision, although spousal support is not typically based on marital fault.
• Remarriage: If the spouse receiving alimony remarries, they may be disqualified from receiving further support.
• Cohabitation: If the recipient spouse cohabitates with another person romantically, this could lead to the termination of spousal support.
• Failure to Make Efforts to Become Self-Sufficient: If the recipient spouse does not make reasonable efforts to become financially independent (e.g., refuses to work or seek education), support may be reduced or terminated.
• Significant Financial Ability of the Paying Spouse: If the paying spouse is financially unable to make payments or the recipient spouse is financially stable, alimony may be reduced or eliminated.
• Short Marriages: Marriages under 5 years may not result in spousal support, especially if both spouses can support themselves, though exceptions may apply.

How a Bend Spousal Support Lawyer Can Help

Navigating spousal support negotiations and the court process can be overwhelming, especially when you’re facing a divorce. Whether you’re the one requesting support or contesting a spousal support award, having a skilled Bend spousal support attorney on your side is crucial. A knowledgeable lawyer can:

• Help you understand your rights and obligations regarding spousal support.
• Provide guidance on whether you may be entitled to spousal support or required to pay it.
• Assist in gathering financial evidence to support your case, including documentation of income, assets, and debts.
• Negotiate a fair spousal support arrangement or advocate for a favorable outcome in court.
• Help you pursue a modification of spousal support if your circumstances change.