Spousal support is financial payments the court orders one party to pay to another during and / or after divorce. Not every divorce case requires spousal support, but they may only be ordered in cases involving marriage.
Where child support is based on a formula in Oregon, awards of spousal support are based on what is “just and equitable under the circumstances.” With this broad standard, the court will be able to better consider the individual circumstances of the parties. The court will use several factors to evaluate whether spousal support is needed and if so, how much will be rewarded, and for how long.
Some of the factors the court takes into consideration include:
In the state of Oregon, there are several types of spousal support, which are:
What type of support the court considers over the other heavily depends on the circumstances of the parties. In some cases, the court will award multiple forms of child support.
Transitional spousal support refers to the amount one party is required to pay to the other to help them further their education or training to set them up for reentry into the job market or in pursuit of advancement. This form of support is often awarded for marriages that lasted a short amount of time. The goal is to transition into unmarried life without having the support of their ex spouse.
Compensatory spousal support is awarded in cases involving a party who made a significant financial contribution to the education, training, skills, or career of their partner. Another reason for this form of support to be given is when the other party is granted substantially more value of property during the divorce.
Maintenance spousal support is often awarded for a long-term marriage where a significant gap exists between the earning capacity of both parties, and that that gap will never be closed. The goal of maintenance support is to enable both parties to live separately with a standard that is comparable to how they lived during the marriage. This form of spousal support is ordered either for a specific or indefinite period of time.
This can be a complicated area of the law. For more information, please contact a Bend family law attorney at Baxter Harder, LLC.
Here are some helpful links for further reading: