How Long Does Spousal Support Last In Oregon?

How long does spousal support continue?

As is the case with most things related to divorce, it depends. What kind of support was determined? For what reasons? How wide is the earnings gap between the two parties? 

Often, when a judgment of spousal support is entered, there is a specified time period associated with that support. In others, the payment period can be indefinite. 

Ideally, the court would like to see support paid to the recipient in as few payments as possible, but this isn’t necessarily financially realistic for most, so the most common way spousal support is paid is in monthly installments. 

And though it might surprise you, spousal support doesn’t always end if the support-receiving spouse gets remarried.

It’s also important to note that if you were not awarded spousal support during your divorce, it is not possible to go back to the court to request it. Once the divorce is finalized, the opportunity to request spousal support has ended.

Let’s learn a little more about what spousal support looks like in Oregon as you begin to navigate this process. 

What is spousal support?

Although you may have heard of it referred to as alimony (and the IRS still calls it that), in Oregon, periodic non-child support payments from one ex-spouse to the other is called spousal support.

Because relationships and needs are typically different from marriage to marriage, in Oregon there are three different types of spousal support that the court considers: transitional support, compensatory support, and maintenance support. 

Transitional support is typically a short-term type of spousal support that is often issued for marriages that are shorter in length. Its purpose is to help the recipient of the support gain skills, education, training, or employment that will help them more smoothly transition into this new, unmarried phase of life. Transitional support is probably the most common type of spousal support in Oregon. 

Compensatory support, on the other hand, is a less commonly awarded form of support that is designed to “compensate” one spouse for the financial contributions they’ve made to the other party’s education, training, or career. It can also be awarded to a spouse in those circumstances where there’s a large inequity in the separation and distribution of property between parties.

Maintenance support is altogether different, and is intended to help provide support to a spouse who is at a financial and professional disadvantage due a potentially permanent gap in their ability to become employed or continue living the lifestyle that they have grown accustomed to during the marriage. This type of support is usually for long-term marriages, and, depending on the circumstances, can be indefinite. 

Additionally, a judge can order a combination of any of the three types of the above support, depending on the court’s understanding of the relationship, and the means and needs of each party. 

How do I get spousal support?

Typically, you or your spouse must file for divorce in order for a judge to order spousal support. However, in certain cases, you can be granted support on a temporary basis before a divorce is final, but it is uncommon and you will need the guidance and assistance of legal counsel in order to file for such a request. 

Can you get spousal support during a legal separation?

Yes, a judge can order that spousal support be paid during a legal separation. A judge can go so far as to make determinations on things like spousal support, parenting time, child support, and even separation of property.

Can unmarried couples who split up get spousal support?

Not in Oregon, unless the parties agree to an arrangement. 

Can spousal support be modified?

It can, but it requires going back before the court so that the judge can learn why the modification is being requested, and if that request is a reasonable one. 

Typically, this means that one or both parties have found themselves in significantly different financial situations, where the payer can no longer meet their court-ordered obligations, or where the recipient is now in a much higher earning bracket than they were before the divorce was finalized. 

Even so, this does not guarantee the court will modify the existing judgment.  

I haven’t received my spousal support. What should I do?

You may need to secure the assistance of an attorney in order to receive your spousal support payments. Certain enforcement agencies may be able to provide assistance, though many do not provide this service unless you are also seeking unpaid child support. 

One of the most common ways in which an unpaid spouse is able to receive back payments is through a wage-withholding order, which will require court approval and will most certainly need private attorney assistance in order to complete. 

You should not need to refile this if your ex-spouse changes jobs. The orders are designed to follow them from job to job, but the order will expire once the back support is paid in full. 

Considering divorce? In need of legal guidance that will help you dissolve your marriage equitably? DBMA Family Law can help! Contact us today for your confidential consultation.