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Spousal Support Lawyer in Bend

Spousal Support in Oregon

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.

How is Spousal Support Determined in OR?

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:

  • The length of the marriage
  • Ages of the parties
  • Health of the parties
  • parties’ work experience and earning capacity
  • The parties’ standard of living during the marriage
  • How the parties’ property will be divided
  • The parenting plan established regarding the parties’ children
  • The parties’ debts and how they are allocated
  • The parties’ costs for health care

Types of Spousal Support in Oregon

In the state of Oregon, there are several types of spousal support, which are:

  • Transitional
  • Compensatory
  • Maintenance

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 in Oregon

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 in Oregon

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 in Oregon

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 spousal support attorney at Baxter Harder, LLC.

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