Oregon Spousal Support Attorney
The phase that comes after a marriage is often fraught with difficult questions including how to make financial ends meet each month. Money and financial pressures following a divorce become even more stressful when one party has taken on the role of assisting the family to advance the career and financial earning ability and capacity of the other. To assist, Oregon has three types of spousal support, also known as alimony, that can be awarded in a divorce. In Oregon there are three types of spousal support: maintenance, transitional, and compensatory. When making an award of spousal support, the type of support must be specifically designated as to which is being award. Spousal support is not exclusive to only one meaning that the court can award a combination of the three different types of support.
Maintenance Spousal Support
Maintenance Spousal Support. Maintenance support is to provide one spouse with the financial support needed for a specific or indefinite period, depending in part on the financial needs and resources of each spouse. This type of support, in Oregon, is often awarded when spouses to a marriage have a wide disparity in earning capacity and the need for an ongoing supplement to one spouse is needed for a period of time. This period can be specific or indefinite.
Transitional Spousal Support
Transitional Spousal Support. Transitional support is awarded when one party needs some form of financial assistance to adjust to re-entry into the job market and to become self-sufficient. This type of support is to provide assistance to a spouse to obtain skills, training, or education for reentry into the job market. A thorough review of each parties educational background and earning capacity is important when considering
Compensatory Spousal Support
Compensatory Spousal Support. Compensatory support is to provide a party with compensation for significant contributions, financial or otherwise, that they made to the other spouse’s education, training or career. The court is required to consider the factors found in ORS 107.105(1)(d)(B) including (1) the amount, duration and nature of the contribution, (2) the duration of the marriage, (3) the relative earning capacity of the parties, (4) the extend to which the marital estate has already benefited from the contribution (5) tax consequences to each party and (5) any other factor the court deems just and equitable.
The court has the authority to award each individual type of support or to award a combination made up of several, if not all, types of spousal support. When making the decision, the court must consider the statutory scheme relating to each specific type of support and take into consideration equitable factors.
Spousal support is often not considered separate from other considerations in an Oregon dissolution of marriage. When making the decision to award spousal support along with what type, the court can also consider child support, custody arrangements, and, if appropriate, make an equitable award of spousal support in conjunction with these items. To assist the court in reviewing the positions of the parties, each party is required to complete and submit to the court a Uniform Support Declaration. This is a sworn statement made by the parties that includes their income, expenses, and costs.
As unique as each marriage is, so too are the marital assets and debts. If you have any questions or doubts regarding your rights to marital property or what is considered marital property, protect your interests and contact Kroll & Johnson, P.C.
To speak with a child support or divorce attorney today, please contact the Hillsboro, Oregon family law attorneys at Kroll Johnson, PC by calling (971) 205-3266 to schedule a consultation.