Oregon's Divorce Laws

If you're considering filing for divorce, need to respond to divorce papers, or you're trying to settle your divorce, it's important to understand Oregon's divorce laws. This page will discuss spousal support, dividing your stuff, dealing with debts, and figuring out a plan for your children.

Dividing Property 

When you get divorced, you'll need to divide your property. This includes everything you or your spouse own, such as your house, cars, furniture, bank accounts, retirement accounts, and personal items. 

Two types of property 

• Marital property: is anything you or your spouse got during your marriage. It doesn't matter who paid for it or whose name is on the title, deed, or account. 
• Separate property: is anything you or your spouse owned before getting married. 

How is property divided in a divorce? 

In Oregon, marital property is divided equitably, which usually means 50/50. But sometimes marital property might be divided another way if that’s fairer. Separate property is usually not divided; you keep what was yours before the marriage. 

You and your spouse can agree on how to split your property. If you agree, you'll write this down on court forms, and a judge will need to approve your agreement. If you can't agree, a judge will decide for you at your divorce trial. 

What happens to our property during the divorce? 

Oregon doesn't have rules about who gets to use marital property during a divorce. Many couples try to work out these issues on their own without involving the court.  

But you can ask the court for a temporary order if you get stuck. A temporary order is like a mini decision from a judge. It creates rules for who gets to use your property while you’re going through your divorce case. 

Learn more about property here. 

Dividing debts 

During your divorce, you'll also need to divide any debts from your marriage, including credit card debts, loans, and mortgages. 

Two types of debts 

In Oregon, you and your spouse's debts are grouped into two categories: 

• Marital debts: Debts you or your spouse got during your marriage. It doesn't matter whose name is associated with the debt.  
• Non-marital debts: Debts you or your spouse had before you got married or new debts you or your spouse got after you separated. 

How are debts divided in a divorce? 

In Oregon, marital debts are divided equitably, which usually means 50/50. Sometimes, debts may be divided another way if that’s fairer overall.  

Non-marital debts don't get divided most of the time. You usually keep the debts you had before you were married or the debts you got after you were separated. 

Read more about debts on this page. 

Spousal support ("Alimony")  

Spousal support is money one spouse might need to pay the other during or after the divorce. You may have heard spousal support called "alimony," but Oregon uses "spousal support" instead.  

Sometimes, spousal support is a monthly payment, like $1,000 every month for four years. Other times, it might be one big 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.  

If you can't agree on spousal support, a judge will decide this for you at your divorce trial. 

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. As a result, spousal support payments vary significantly from one divorced couple to the next.      

When will I get spousal support? 

Spousal support usually starts after your divorce is finalized. However, you can receive payments while you’re going through your divorce if you ask the court for temporary orders. A temporary order is like a mini decision from a judge. It creates rules for you and your spouse to follow while you’re going through your divorce case.  

Read more about spousal support on this page. 

Custody and parenting time (“visitation”) 

Going through a divorce can be tough, especially when you have kids with your spouse. In Oregon, custody and parenting time (sometimes called “visitation” in other states) are decided during your divorce, not separately. Let’s break down what you need to know. 

Important terms to know 

• Custody: means who gets to make big decisions for your kids, like where they go to school or what doctors they see.  
• Parenting time: is when you and your ex-spouse spend time with your kids.  
• Parenting plan: a written agreement on how you two will take care of your kids, including schedules for parenting time. 
• Child support: is money that one parent might need to pay to the other to help take care of the kids. 

Joint custody vs. sole custody 

In Oregon, you can have joint custody or sole custody. "Sole custody" is when one parent has custody and gets to make important decisions for the kids. "Joint custody" (or "shared custody") is when parents make important decisions together.    

How custody is decided 

You and your spouse can agree on custody. If you agree, you’ll need to write this agreement down and get a judge to approve it. 

If you don’t agree, a judge will decide custody at your divorce trial. If a judge decides custody, here are some things you should know:  

• Judges can't force parents to have joint custody.  
• If parents don’t agree on custody, the judge will choose one parent to have sole custody of the children. 
• Judges can't choose someone just because they're the mom or dad. They also can't choose someone just because they have a big house or lots of money. 
• The judge must decide custody based on what they think is best for your kids. They’ll consider things like each parent’s relationship with the kids, whether one parent was the primary caregiver, the kid’s relationship with extended family members, and how willing each parent is to support the other parent’s relationship with the kids.          

You can read more about custody on this page.  

Parenting schedules  

Oregon gives parents a lot of flexibility to come up with a parenting schedule that works for their kids. There are many options for parenting schedules. You can have a week-on, week-off schedule, 60/40, 3-4-4-3, alternating weekends, or another kind of schedule. Whatever the schedule, it should be focused on what’s best for your kids, not what’s most convenient or fair for you and your spouse.  

Parenting plans 

You’ll also need to create a written parenting plan with details on how you and your spouse will co-parent after the divorce. Your parenting plan will include your parenting schedule and other rules for sharing parenting responsibilities.  

It's usually best if you and your spouse create your own personalized parenting plan. You can use Oregon's free parenting plan templates to create your plan. If you agree on a plan, you must turn it in to the court for approval.

If you can't agree on a plan, you can ask a judge to create one for you at your divorce trial. You and your spouse can give the judge your parenting plan proposals. The judge can choose one of your plans or combine your plans to make a new one.   

Read more about custody and parenting time on this page. 

Child support 

Child support is money that one parent might need to pay to the other to help take care of the kids. 

How much is child support?  

Oregon uses a child support calculator to figure out which parent should pay support and the amount. The calculator can help you determine whether you'll likely have to pay child support or if you'll get child support in your divorce. The calculator uses you and your spouse’s incomes, your parenting schedule, and a few other factors to come up with a support amount. 

When does child support start? 

Child support usually starts after your divorce is final. However, if you need child support sooner, you can ask the court for temporary orders. 

Learn more about child support on this page. 

Want to dive deeper into Oregon’s divorce laws?  

If you want to read Oregon’s divorce laws for yourself, here’s where you’ll find them:  

• Oregon Revised Statutes, Chapter 107: This is where you’ll find the written laws (statutes) that cover Oregon divorce (“dissolution”), annulment, and legal separation cases.  
• Oregon’s Uniform Trial Court Rules: These rules tell you how you're expected to do things during your court case. These rules cover things like how to draft legal documents and other procedural requirements for court cases.   
• Supplementary Local Rules: Most circuit courts in Oregon have their own rules and special processes for how to do things in that county. These rules are called “supplementary local rules.” These rules usually fill in gaps left by the statutes and Uniform Trial Court Rules.  
• Case law: Finally, many of Oregon's divorce laws are made by judges working at Oregon’s appeals courts. These judges review cases decided by judges at Oregon’s circuit courts. The decisions from these appeals court judges are called “case law.”  You can get help doing case law research at your local law library. You can find your local law library by searching the legal directory on this site. 

Summary 

Divorce is tough, but understanding Oregon's divorce laws can help you know what to expect and make better decisions. If you need more help, contact a divorce lawyer for personalized advice and recommendations. 

Further Reading