Understanding the duration and types of spousal support available in Oregon is crucial. Let’s explore the key aspects of Oregon spousal support laws.
What is Spousal Support?
In Oregon, spousal support encompasses three main types: transitional, compensatory, and maintenance support. Each serves a distinct purpose, addressing the financial needs of individuals post-divorce based on various factors such as marriage duration and economic disparities. The court considers many factors to make any determination, which can be found in ORS 107.105(d). Below is a very brief summary, which does not incorporate all of these factors, but can give some guidance as to the big picture for each type of support.
Transitional Support
Transitional support is typically short-term and aids in transitioning to a new phase post-divorce by facilitating education or employment.
Compensatory Support
Compensatory support is viewed as reimbursing one spouse for contributions to the other’s education.
Maintenance Support
Maintenance support is the most common type of support. It is meant to ensure that the spouses are able to maintain a lifestyle that is not drastically different from what they enjoyed during the marriage. This support is for spouses facing financial disadvantages post-divorce and can be indefinite for lengthy marriages.
Comparing with Washington
In Washington, the analysis of spousal support is simpler. Instead of different types of support and various factors, the focus is on what the paying spouse can afford versus what the recipient spouse needs. However, Oregon also considers this aspect.
Amount and Duration
There are many websites that claim to be spousal support calculators. While there are child support calculators for both Oregon and Washington, there are no official spousal support calculators. The courts in both states use many factors to evaluate spousal support, and these calculators can often provide incorrect and misleading information.
Seeking Spousal Support
Filing for divorce initiates the process for spousal support determination. Temporary support may be granted before the final divorce decree. Since there are no state forms for such a request, most people need legal assistance in requesting temporary orders.
Modifying Spousal Support
Changes in financial circumstances may warrant modification of spousal support orders. This process involves court review and is not guaranteed, necessitating legal assistance.
Enforcing Spousal Support Payments
Unpaid spousal support requires legal intervention. Strategies like wage-withholding orders can help ensure timely payments, and legal counsel can facilitate the process.
If you are navigating divorce or spousal support issues in Oregon or Washington, trust Kehoe Moneyhun Law LLC for expert guidance and representation.
Contact us today for a confidential consultation.
