Understanding Spousal Support In Oregon
Spousal support, sometimes referred to as alimony or spousal maintenance, is a form of financial support that is paid to a spouse either during divorce proceedings or after a divorce. In Oregon, there are three types of spousal support:
Transitional support is support designed to provide the party to whom it is awarded the support necessary to re-enter the job market after a long absence or to obtain the additional training necessary to secure better employment that will allow the spouse to become self-sufficient. Transitional support is generally support for a shorter duration with an anticipated end.
Maintenance support is support designed to provide the party to whom it is awarded a longer period of support to equalize a wide disparity of earning capacity between the party awarded the support and the party paying the support. In these cases, it is determined that the party receiving support is unlikely to achieve a standard of living commensurate with his or her standard of living throughout the marriage on his or her own without the support of the former spouse. Maintenance support can be for a specified time or it can be indefinite.
Compensatory support is support designed to reimburse the spouse who has made significant financial or other contributions throughout the marriage to the education, training, career or earning capacity of the other spouse. Essentially, the party who contributed or sacrificed throughout the marriage, so that the other spouse could make advancements in his or her earning capacity, is reimbursed for those sacrifices, knowing that the divorce will likely prohibit the contributing spouse from enjoying the fruits of his or her contributions. It is significantly more difficult to modify spousal support awards that are awarded as compensatory support awards.
The experienced family law attorneys at Aaby Family Law, PC, are pleased to assist clients who are seeking a spousal support judgment or opposing a spousal support claim. We also represent a number of clients who are seeking a modification in the amount or duration of spousal support.
Our firm is located in Beaverton, Oregon, and is pleased to represent clients throughout the Portland metropolitan area, including Washington County, Clackamas County, Columbia County, Multnomah County and Yamhill County.
Factors For Judges To Consider
Oregon Revised Statute 107.105 sets out the factors that judges must consider when hearing a request for spousal support. These factors include the parties’ income, earning capacity, education, work experience and custodial responsibilities.
Spousal support is separate and distinct from child support and may be ordered in addition to child support. The court has the authority to grant either party temporary spousal support or indefinite spousal support. Indefinite spousal support lasts until the obligor (paying) spouse is able to demonstrate a substantial and unanticipated change of financial circumstances. All spousal support orders are subject to modification if a party can demonstrate legally sufficient grounds for a modification.
Aaby Family Law, PC, represents both men and women in spousal support matters during and after a divorce. If you need assistance with a divorce or post-divorce spousal support matter, we strongly encourage you to contact our Oregon lawyers for assistance.