Alimony and Spousal Support in Oregon
How Oregon decides spousal support (alimony), the factors courts weigh, and how marital property is divided.
Short answer: Oregon calls alimony spousal support, and the court must name the type and make findings. There are three types: transitional support (to get education or training to re-enter or advance in the job market), compensatory support (when one spouse made a significant contribution to the… ORS 107.105(1)(d)
| Alimony (spousal support) | Oregon calls alimony spousal support, and the court must name the type and make findings. There are three types: transitional support (to get education or training to re-enter or advance in the job market), compensatory support (when one spouse made a significant contribution to the other's education, training or earning capacity), and spousal maintenance (for a specified or indefinite period). Factors include the length of the marriage, ages and health, standard of living, relative income and earning capacity, job skills and work experience, financial needs and resources, tax consequences, and custodial and child support responsibilities. Unless the judgment says otherwise, support ends on the death of either party. There is no statutory formula. Source: ORS 107.105(1)(d) |
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| Dividing property | Oregon divides property in a way that is "just and proper in all the circumstances" (equitable distribution). Retirement plans and pensions count as property, and homemaker contributions count toward acquiring marital assets. There is a rebuttable presumption that both spouses contributed equally to property acquired during the marriage, however it is titled. Property one spouse received during the marriage by gift, inheritance or similar transfer and kept separately the whole time is not subject to that presumption. Both spouses must fully disclose all assets. Source: ORS 107.105(1)(f) |
Where to get help in Oregon
More Oregon divorce & family law
- Getting a Marriage License in Oregon
- Adopting a Child in Oregon
- Guardianship of a Child or Adult in Oregon
- Establishing Paternity in Oregon
- Changing Your Name in Oregon
- Child Custody Laws in Oregon
- How Child Support Is Calculated in Oregon
- Divorce Records in Oregon
- How to File for Divorce in Oregon
- Legal Separation and Annulment in Oregon
- All Oregon divorce & family law rules
FAQ
How is alimony decided in Oregon?
Oregon calls alimony spousal support, and the court must name the type and make findings. There are three types: transitional support (to get education or training to re-enter or advance in the job market), compensatory support (when one spouse made a significant contribution to the other's education, training or earning capacity), and spousal maintenance (for a specified or indefinite period). Factors include the length of the marriage, ages and health, standard of living, relative income and earning capacity, job skills and work experience, financial needs and resources, tax consequences, and custodial and child support responsibilities. Unless the judgment says otherwise, support ends on the death of either party. There is no statutory formula.
Is Oregon a community property state?
Oregon divides property in a way that is "just and proper in all the circumstances" (equitable distribution). Retirement plans and pensions count as property, and homemaker contributions count toward acquiring marital assets. There is a rebuttable presumption that both spouses contributed equally to property acquired during the marriage, however it is titled. Property one spouse received during the marriage by gift, inheritance or similar transfer and kept separately the whole time is not subject to that presumption. Both spouses must fully disclose all assets.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.