Spousal Support Modification in Oregon Divorce Mediation

If you have a spousal support award in your divorce judgment in Oregon, it is probably modifiable if there has been a significant change of circumstances. Even if your judgment provides that spousal support must be paid in a particular amount or for a specificied duration, those figures are subject to modification unless the judgment specifically makes them non-modifiable.

The remarriage of the spousal support recipient is one factor that typically favors a modification, but it is not the only condition that could cause the spousal support to be reviewed.

A Closer Look

Spousal support is rarely a "set it and forget it" arrangement. Life changes—jobs are lost, health fluctuates, and people remarry. Under ORS 107.135, Oregon law provides a mechanism to revisit support when the financial landscape shifts significantly. In mediation, we address these future possibilities to ensure the agreement remains functional long after the divorce is finalized.

By default, Oregon law allows either party to request a modification if there has been a "substantial change in economic circumstances" that was not anticipated at the time of the original judgment. Common examples include a significant involuntary job loss, a serious medical diagnosis that limits work capacity, or a substantial increase in the recipient’s own income.

In mediation, we define what these changes might look like for your specific family. If one party’s income drops by a certain percentage, or if a party reaches a specific retirement age, the agreement can outline an automatic review process. This prevents the need for expensive future litigation and ensures the support amount stays tethered to the actual ability to pay.

Parties can choose to waive their right to future modifications, making the support "non-modifiable." The primary benefit is total finality; the payor knows exactly what they will owe, and the recipient knows exactly what they will receive, regardless of what happens to their incomes or the economy.

However, many people erroneously believe that the only risk of a modifiable order is that support might be reduced or terminated. In reality, a judge has the authority to increase the monthly amount or extend the duration of support if the recipient can prove a substantial and unanticipated change in economic circumstances.

Choosing between modifiable and non-modifiable support is a choice between two different types of financial exposure:

• The Risk of the Known (Non-Modifiable): You lock in a number. The risk is that if your life falls apart (job loss, illness), you are still legally obligated to pay that exact amount. You have traded flexibility for the certainty of a fixed end date.

• The Risk of the Unknown (Modifiable): You leave the door open. The risk is that even if you have a "10-year" agreement, you could find yourself back in court in year nine facing a request for a 5-year extension. You have traded certainty for the protection of being able to ask for a reduction if your income drops.

Frequently Asked Questions

Can the payor stop paying if the recipient remarries?
In Oregon, remarriage does not automatically terminate spousal support unless your specific judgment says it does. If the judgment is silent, the payor must file a motion to modify or terminate support and prove that the remarriage has resulted in a "substantial change in economic circumstances"—meaning the new spouse's financial contribution has reduced the recipient's need for support. To avoid this uncertainty, most mediated agreements address the recipient's potential remarriage and the effect that it will have on the existing spousal support award.


Does cohabitation end spousal support in Oregon?
Cohabitation is more complex than remarriage because there is no marriage certificate to signal the change. Under ORS 107.135, cohabitation is treated as a factor that may justify a reduction in support if the new partner is significantly sharing living expenses. I have developed a working definition of cohabitation that is unambiguous. In mediation, we can define what "cohabitation" means for your agreement.

Can you modify a judgment to require spousal support if no spousal support was requested in the original judgment?
No. On this point, Oregon law is abundantly clear. Spousal support must be ordered in the original dissolution judgment, if at all. If spousal support is not included in the original judgment, it cannot be added later.

Conclusion

My work with spousal support modification is limited to current and former clients. I can help you build conditions into your Marital Settlement Agreement to provide predictability concerning the future modification of spousal support. I do not accept any spousal support modification matters from cases I did not mediate. If you are looking to begin mediation for divorce, please contact me to arrange your initial session.

About the Author

I am an Oregon family law mediator, family law financial analyst, and parenting plan expert, serving spouses and parents in Portland and the surrounding area. I hold a Bachelor of Arts degree from the University of Oregon and a law degree from the University of Idaho College of Law. I am a Premium Member of mediate.com and a past member of the Oregon Mediation Association.

I have been a full-time family law mediator for 21 years. Since 2005, I have worked with over 1,000 families in the Portland area. I help couples work with the legal framework of state and federal law and the practical realities of their individual family circumstances in a way that is thoughtful, practical, and grounded in both legal and financial analysis.

Disclaimer

This article is provided for general informational purposes only. Although I have a law degree, I do not practice law, and I do not advocate for either side. My role is entirely neutral.

The information on this page and throughout my website is not legal advice and should not be relied upon as legal advice. Reading this article or using this website does not create an attorney-client relationship, mediator-client relationship, or any other professional relationship. Mediation is a neutral process, and each person remains responsible for obtaining independent legal advice if needed.