What Qualifies You for Spousal Support in Oregon?

What is the dissolution of marriage?

In our state, the legal act of divorcing a spouse is called a “dissolution of marriage.”

Because all relationships, family arrangements, and financial situations can be different, the strong, strategic, and seasoned team at DBMA Family Law Group have committed themselves to helping individuals, families, and couples navigate the complexities of these situations to create the best possible outcomes. 

When we talk about the legal dissolution of marriage in Oregon, it’s in specific reference to the legal process of being granted a Judgment of Dissolution of Marriage.  The traditional process to initiate a dissolution involves one spouse filing what’s called a “petition for dissolution”. As the state of Oregon is a “no-fault divorce” state, a dissolution of marriage can be granted to a party who alleges that the parties have irreconcilable differences that have caused the irremediable breakdown of the marriage.  

Petitioning for dissolution of marriage is usually handled by the filing spouse’s legal counsel, and the filing party is referred to as “the petitioner” throughout the proceeding. 

The spouse who is served with the petition is called “the respondent,” and the respondent has  30 days to file a written response to the petition, and this response is also typically handled by their respective legal counsel.

In instances where the respondent does not respond or takes longer than the allotted time period, the respondent may face a general default judgment should the petitioner choose to pursue such an order. There is no time to delay in these cases and we recommend that the respondent secure family legal counsel as soon as possible upon receipt of the petition.

What is spousal support?

You’ve probably heard of the term “alimony” before but are you familiar with “spousal support?” These are synonymous terms that can be used interchangeably, and, much like “dissolution of marriage” vs. “divorce,” the state of Oregon tends to use “spousal support” in reference to this court-ordered provision. 

So what, specifically, is “spousal support?” Oregon family law defines spousal support as “an amount of money for a period of time as may be just and equitable for one party to contribute to the other”.  What this means is that the court orders a judgment wherein one spouse is ordered to pay the other a specified amount — either in a lump sum or on a monthly basis. 

There are three types of spousal support that are recognized by the state of Oregon: transitional support; compensatory support; and spousal maintenance.

It’s important to note that a judge may order more than one type of spousal support to be paid, depending on the circumstances of the marriage and their analysis of the statutory factors. 

What is transitional spousal support?

Transitional spousal support is defined in the state of Oregon as a type of financial support for a spouse that is needed for a party to attain education and training in order to allow that party to prepare for reentry into the job market or to advance in the job market.   

What is compensatory spousal support?

Have you or your spouse made significant payments or contributions to one of yours education, tuition, professional training, or other means that would affect earning capacity? Compensatory support can be ordered by the court should this be proven appropriate. 

What is spousal maintenance?

Spousal maintenance is what most might think of as alimony payments, as it refers to payments that are made in order to assist a spouse to maintain a standard of living they’ve grown accustomed to. 

How is spousal support calculated in Oregon?

Outside of proving the need for spousal support as well as showing the ability to provide spousal support, there are a number of determining factors taken into consideration in order to calculate the appropriate amount of spousal support ordered.

Factors considered in determining transitional spousal support can include how long the couple was married; the recipient’s work experience; the financial needs and resources of each party; and the custodial and child support responsibilities. 

Factors that the court considers in calculating compensatory support can include how long the couple was married for; how much and for how long a spouse supported and/or made financial contributions to their spouse’s education, training, or other professional investments; as well as the earning capacity of each spouse.

Lastly, in consideration of how spousal maintenance is calculated, the court will look at factors such as the duration of the marriage; the couple’s individual ages and overall health; the earning capacity of the individuals; and the standard of living each is accustomed to.  

The Court will look at any other factors it deems just and equitable for any of these types of support.

Can spousal support be changed or modified?

It can be modified or terminated; however, those modifications can only be made if the requestor can prove that a substantial and unanticipated unexpected change in income or other related circumstances for either spouse has occurred since the original judgment was entered. The inquiry is fact-driven.

Does spousal support affect federal or state income tax?

As of January 1, 2019, the IRS does not allow a deduction related to the payment of spousal support or a separate spousal maintenance agreement, nor should these payments be included in the recipient’s taxable income. This new law applies to spousal support judgments and agreements entered into after December 31, 2018.  

If you have a finalized spousal support court order entered on or before December 31st, 2018, then these payments may be tax-deductible to the payer and reportable for the recipient.   If you have questions about your individual court order, contact one of the professionals at DBMA Family Law.

Do you need assistance with spousal support in Oregon?

Let the strong, strategic, and seasoned professionals at DBMA Family Law help you find a productive resolution to your situation. The family law attorneys at DBMA Family Law Group will get you through your divorce with fierce yet compassionate advocacy. We’re insightful, attentive, and committed to helping you achieve the best possible outcome.