Spousal Support

Spousal support is a very individualized part of a divorce. In some cases, one spouse may have to pay the other spousal support. Oregon law provides three kinds of spousal support: transitional spousal support, maintenance spousal support, and compensatory spousal support.

With each type of support, there are many factors that determine the amount and duration of the support. When determining if spousal support is appropriate. The court looks to factors, such as: age of the parties; length of the marriage; earning capacities of the parties; and education.

Our firm has over 70 years of combined experience in Family Law. Please contact Family Law Attorneys  Steve Palmer and  Loren Gaukroger to discuss your case.

Alimony
Transitional – ORS 107.105(1)(d)(A)

(A) Transitional spousal support as needed for a party to attain education and training necessary to allow the party to prepare for reentry into the job market or for advancement therein. The factors to be considered by the court in awarding transitional spousal support include but are not limited to:

  • The duration of the marriage;
  • A party’s training and employment skills;
  • A party’s work experience;
  • The financial needs and resources of each party;
  • The tax consequences to each party;
  • A party’s custodial and child support responsibilities; and
  • Any other factors the court deems just and equitable.
Alimony
Compensatory – ORS 107.105(1)(d)(B)

(B) Compensatory spousal support when there has been a significant financial or other contribution by one party to the education, training, vocational skills, career or earning capacity of the other party and when an order for compensatory spousal support is otherwise just and equitable in all of the circumstances. The factors to be considered by the court in awarding compensatory spousal support include but are not limited to:

  • The amount, duration and nature of the contribution;
  • The duration of the marriage;
  • The relative earning capacity of the parties;
  • The extent to which the marital estate has already benefited from the contribution;
  • The tax consequences to each party; and
  • Any other factors the court deems just and equitable.
Alimony
Maintenance – ORS 107.105(1)(d)©

(C) Spousal maintenance as a contribution by one spouse to the support of the other for either a specified or an indefinite period. The factors to be considered by the court in awarding spousal maintenance include but are not limited to:

  • The duration of the marriage;
  • The age of the parties;
  • The health of the parties, including their physical, mental and emotional condition;
  • The standard of living established during the marriage;
  • The relative income and earning capacity of the parties, recognizing that the wage earner’s continuing income may be a basis for support distinct from the income that the supported spouse may receive from the distribution of marital property;
  • A party’s training and employment skills;
  • A party’s work experience;
  • The financial needs and resources of each party;
  • The tax consequences to each party;
  • A party’s custodial and child support responsibilities; and
  • Any other factors the court deems just and equitable.