Spousal Support in Oregon
Spousal support (sometimes called "alimony") is money one spouse pay the other spouse during or after a divorce. Either spouse can ask for spousal support during an Oregon divorce case.
Spousal support can be a monthly payment, like $1,000 every month for four years. Or it could be a lump sum payment, like $50,000, all at once.
How do I get spousal support?
You must ask for spousal support when you file for divorce or respond to divorce papers. If you don't ask for it in court papers at the start of your case, it's harder to ask for it later.
You and your soon-to-be ex-spouse can agree on an amount and length of time for payments. If you agree, you'll write this down on court forms, and a judge will need to approve it. You can learn more about divorce agreements here.
If you can't agree on spousal support, a judge will decide this for you at your divorce trial. You can learn more about divorce trials here.
How is spousal support calculated?
Oregon doesn't have a formula or calculator for spousal support. Instead, spousal support payments depend on many factors, such as how long you were married, how much you and your spouse earned during the marriage, and your and your spouse's future earning potential.
Spousal support payments vary significantly from one divorced couple to the next.
How soon can I get spousal support?
It depends. Divorce cases can take months to more than a year. In most cases, you won’t get spousal support until you have a final judgment in your case. A judgment is the court document that ends your divorce case and lists all the rules of your divorce. Learn more about judgments here.
Because divorce cases can take a long time, you can ask the court to order temporary support. Temporary support means one spouse pays the other while the case is ongoing, until there is a final judgment. Learn more about temporary orders here.
Types of spousal support in Oregon
There are three kinds of spousal support in Oregon:
- Transitional,
- Compensatory, and
- Maintenance.
Read more about the different types of support below.
Transitional support
Transitional support is intended to help a spouse get back on their feet after a divorce. You can ask for transitional support if you need more training or education so you can find work, change careers, or get ahead in the job market. When a judge decides if a spouse should pay transitional support, the judge must consider:
- The length of the marriage.
- Each spouse’s financial needs and resources.
- Each spouse’s job training, work experience, and employment skills.
- Child-raising responsibilities.
- Child support payments.
- Other relevant factors.
Compensatory support
Compensatory support repays a spouse who made a major financial or other contribution to the paying spouse’s education, training, or earning ability. For example, compensatory support might be appropriate if you supported your spouse through graduate school or an expensive training program.
When a judge decides if a spouse should pay compensatory support, the judge must consider:
- The length of the marriage.
- How the couple’s property will be divided.
- The amount of financial or other support that one spouse provided to the other spouse.
- Each spouse's potential future income.
- Other relevant factors.
Maintenance support
Maintenance support helps a spouse keep the lifestyle that the couple had during the marriage. You can ask for maintenance support if you had a long marriage, your spouse was the primary wage earner, and your prospects for earning income aren't great because of your age, health, or lack of work experience.
When a judge decides if a spouse should pay maintenance support, the judge must consider:
- The length of the marriage.
- Each spouse’s training, skills, and work experience.
- The age of the spouses.
- Each spouse’s financial needs and resources.
- Health of the parties (physical, mental, and emotional).
- Custody and child support responsibilities.
- Standard of living during the marriage;
- Each spouse's potential future income; and
- Other relevant factors.
More FAQs About Spousal Support
You can ask the court for spousal support if you or your spouse are filing court papers to get a divorce or legal separation.
The court can order either spouse to pay spousal support.
No. If the court did not order spousal support in the original divorce or separation case, you cannot get spousal support after your divorce or separation case.
It depends. Oregon does not have a calculator or formula to help judges decide how much support should be paid, or for how long. A judge looks at certain factors based on the type of support you want.
There are no set rules about when a spouse can get spousal support or how much payments should be. For example, in one case, spousal support payments might be only $200 per month, while in another case, the payments could be $3,000 per month because the couple had more money. It depends on your own situation, needs, and finances.
It depends. Usually, spousal support is paid every month for a specific amount of time. The length of time depends on your situation. The court can order monthly payments paid for a few months, a few years, or for the rest of a person’s life.
Sometimes spousal support is paid in a lump sum.
There is no standard formula or calculator for spousal support in Oregon. Either the spouses agree about how much and how long support lasts, or a judge decides.
Yes. A judge considers many details in deciding whether to order spousal support, how much, and for how long. Just because a spouse can work, it doesn’t mean they can’t receive spousal support.
Yes. Either ex-spouse can ask the court to change spousal support payments if there is a major, unexpected change in your financial situation. You can ask the court to:
- Lower support,
- Increase support,
- Extend the length of support, or
- End support.
Deadline for requesting a change
You must ask the court for a change before your spousal support stops. For example, if your spousal support stops after three years, you must ask for a change, by turning in papers with the court, within that three-year period.
How to ask for a change
The person who wants to change spousal support must turn in papers with the court. If your ex-spouse disagrees with the request to change support, the court will schedule a hearing. A hearing is a court date where you and your ex-spouse can talk to a judge, present evidence, and get a decision about a change in spousal support.
Spousal support payments end when either spouse dies.