Alimony, also known as spousal support, is a payment made from one spouse to another after (and sometimes during) a divorce to help the recipient maintain a standard of living similar to what they had while married. In Oregon, alimony can take various forms depending on the circumstances of the divorcing couple, so understanding how alimony is determined and the different types available is essential for anyone going through divorce proceedings.
Determining alimony involves considering several factors, such as the duration of the marriage, the financial situation of each spouse, and their respective contributions to the household. These factors help ensure that the alimony awarded is fair and appropriate for both parties. This blog will explore the types of alimony available in Oregon, how the courts calculate these payments, and the process for modifying alimony after a divorce.
Types of Alimony
Under Oregon divorce law, there are three primary types of spousal support (alimony): Transitional Spousal Support, Compensatory Spousal Support, and Spousal Maintenance. Each type serves a different purpose and is awarded based on specific circumstances.
Transitional Spousal Support
Transitional spousal support is intended to help the lower-earning spouse transition gain the education, training, or employment skills needed to become self-sufficient. For example, if they stayed home to care for children while the other worked, the court might award temporary payments to help the stay-at-home spouse gain the necessary vocational skills to find meaningful employment.
Compensatory Spousal Support
Compensatory spousal support is awarded to compensate a dependent spouse for the significant contributions they made to the other spouse’s education, training, career, or earning capacity during the marriage. This type of support is appropriate in situations where one spouse worked to support the family while the other pursued higher education or advanced their career.
For instance, if one party put their husband or wife through medical school by working multiple jobs, compensatory support might be awarded for a specified period to acknowledge and compensate for that sacrifice and contribution.
Spousal Maintenance
Spousal maintenance is intended to provide financial support to a spouse who is unable to meet their own needs after a divorce. This can be either long-term or short-term, depending on the financial circumstances of each party.
- Long-Term Maintenance: This type of maintenance is typically awarded in cases where the marriage was longer and the receiving spouse is unlikely to become self-sufficient due to age, health, or other factors. This support may continue for an indefinite period or until the receiving spouse remarries.
- Short-Term Maintenance: This temporary spousal support is awarded for a limited period to support the recipient while they become financially independent. This is often seen in shorter marriages or where the receiving spouse has some potential to improve their employment prospects but needs time to do so.
How Alimony is Calculated in Oregon
In Oregon, alimony amounts are based on a variety of factors rather than a strict formula. They include:
- Length of the Marriage: The duration of the marriage is a significant factor. Generally, the longer the marriage, the more likely it is that alimony will be awarded, and for a longer duration. This is because long-term marriages often involve greater interdependence and shared financial commitments.
- Standard of Living During the Marriage: The court looks at the standard of living established during the marriage to help determine appropriate alimony. The goal is often to allow both spouses to maintain a similar lifestyle to what they enjoyed while married.
- Age and Health of Both Spouses: The ages and health conditions of both spouses are important considerations. Older spouses or those with health issues may have limited earning capacities and therefore might need more support.
- Employment and Earning Capacity: The court examines each spouse’s employment status and potential for future earnings. This includes current income, job skills, work experience, and the job market. A spouse with limited job prospects or earning capacity is more likely to receive support.
- Contributions to the Household (Financial and Non-Financial): Both financial and non-financial contributions to the marriage are considered. This includes income earned as well as contributions like homemaking, child care, and supporting the higher-earning spouse’s career or education. These non-financial contributions can impact the earning potential of both spouses.
The duration of spousal support can vary widely. It might be short-term (a few years) to help a spouse become self-sufficient or long-term (several years to indefinite) in cases of long marriages or where a spouse cannot support themselves due to age or health issues. A divorce attorney can give you a reasonable idea of how long you may be expected to pay or receive support.
Can Alimony Be Modified After Divorce?
Spousal maintenance awards can be modified after a divorce if there are significant changes in the circumstances of either party. This flexibility ensures that the alimony arrangements can accommodate unexpected changes that might affect the financial stability of either spouse.
Basis for Modification
Spousal support awards are based on the financial situations of both spouses at the time of the divorce. However, life is unpredictable, and changes can occur that may impact the fairness of the original support agreement. For example, a large alimony payment might have been based on the paying spouse’s high income at the time of the divorce settlement agreement. If that spouse loses their job or experiences a substantial decrease in income due to market changes, they might find it challenging to continue paying the same amount of support.
To modify spousal support, the requesting party must demonstrate a “substantial change in economic circumstances.” This means showing that there has been a significant and lasting change in their financial situation since the divorce. Examples include:
- Job Loss: If the paying spouse loses their job or suffers a substantial reduction in income, they may request a modification to reduce the spousal support payments.
- Increased Income: Conversely, if the receiving spouse’s financial situation improves significantly, the paying spouse might seek a reduction or termination of support.
- Health Issues: Health problems affecting either spouse’s ability to work can also be grounds for modifying spousal support.
To request a spousal support modification, the party seeking the change must file a motion with the court that issued the original alimony order. This process involves submitting a formal request to the court detailing the substantial change in financial circumstances and supplying documentation and evidence supporting the claim, such as bank records, employment documents, or medical reports. Both parties may need to attend a court hearing where a judge will review the evidence and decide whether to modify the alimony order.
Remarriage and Its Impact on Alimony
In many states, spousal support automatically terminates if the receiving spouse remarries. However, in Oregon, remarriage does not automatically end the obligation. Instead, the court will evaluate how the new marriage affects the receiving spouse’s economic situation. If the new marriage significantly improves their financial stability, the court may decide to reduce or terminate the spousal support payments.
Alimony Termination
Alimony obligations typically end upon the death of either the paying or the receiving spouse. This is a straightforward termination condition and usually does not require a court order. However, payments may also end if there is a substantial change in the financial or personal circumstances of either spouse. Similar to a modification, this might include the payor’s loss of income (e.g. retirement), the improved financial situation of the receiving spouse, and health issues that affect the paying spouse’s ability to work.
Alimony can also be terminated based on the duration specified in the divorce decree. For example, if the decree states that alimony is to be paid for a certain number of years, it will automatically terminate at the end of that period, unless further action is taken by the court. An experienced family law attorney can review your situation and determine whether support termination may be warranted.
Questions About Spousal Support? Speak to a Hillsboro Alimony Lawyer
Both paying and receiving spouses should understand how alimony works in Oregon. This includes the different types available, how payments are calculated, and when they may be concluded. This awareness helps ensure that your financial arrangements are fair to both sides as well as appropriate.
If you have questions or need help understanding your options during and even after divorce, reach out to Harris Velázquez Gibbens for experienced guidance and support tailored to your situation. Our skilled divorce lawyers will listen to your story, review your circumstances, and help you determine the best path forward. To schedule a confidential consultation with an Oregon family law attorney, call 503-610-4398 or contact us online today.
