Maintenance Spousal Support in Oregon Divorce Mediation
When I discuss spousal support with my divorce mediation clients, I usually have to correct three misunderstandings:
People sometimes believe that alimony and spousal support are two different things, but they are the same. Oregon calls it spousal support; other states refer to it as alimony.
Not all spousal support is treated the same or awarded for the same reasons. Oregon has two other types: compensatory and transitional. Each of the three types is defined in the Oregon Revised Statutes, and each one applies to different circumstances.
Clients often assume that every case will have spousal support and that it will be for half the length of the marriage, in an amount determined by a fixed formula. The truth is that there is no defined amount or duration in the statute.
When people think of "alimony," they are usually have maintenance spousal support in mind. Although maintenance support is probably the most common of the three types, it is not appropriate in every case.
Under ORS 107.105(1)(C), maintenance spousal support recognizes that one spouse is unlikely to be able to be awarded by a judge "as needed for a party to attain education and training necessary to allow the party to prepare for reentry into the job market or for advancement therein."
In divorce mediation, the two parties are the "judges" because the parties set the terms of the agreement. The Circuit Court judge will approve any settlement that is not plainly unreasonable or unconscionable.
Conclusion
If you would like more information about how spousal support questions are resolved in divorce mediation, please consider scheduling a consultation with me. Both parties must be present for the consultation.
Matthew House J.D. | Divorce Mediation
3800 SW Cedar Hills Blvd., Suite 271
Beaverton, OR 97005
(503) 643-5284
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Matthew House's practice is neutral, limited to divorce mediation and financial analysis. He holds a law degree but is not a member of the Oregon State Bar. No information provided on 503.legal constitutes legal advice. The use of this website does not form a mediator-client relationship.
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