Spousal Support (Alimony) in Oregon Divorce Mediation

Spousal support (alimony) is almost always the most misunderstood concept among my clients in Oregon divorce mediation. Even the name confuses people. Some states call it alimony; others, including Oregon, call it spousal support.

Spousal support and alimony are two terms for the same concept: money paid by one ex- spouse to the other ex-spouse, usually (but not always) monthly and for a fixed period.

At a Glance: What You Need to Know

Spousal support is appropriate in some cases but not all. In your divorce mediation process, I will help you understand Oregon’s statutory provisions for spousal support (ORS 107.105) and assist you in determining whether and to what extent spousal support should be paid.

  • Three types of spousal support are available under Oregon law: transitional, compensatory, and maintenance.

  • There is no spousal support calculator in Oregon. Any calculator you may find online is not specific to Oregon.

  • The circumstances, the higher earner's ability to pay, the lower earner's financial needs drive the spousal support discussion.

  • Spousal support is not gender-specific; it can be paid by either spouse, regardless of gender.

  • Spousal support is not fault-based and is not influenced by which spouse initiated the divorce.

  • Spousal support can be paid monthly, as a lump sum, or both.

Preparing to Discuss Spousal Support

Although there is no specific formula, all support payments are premised on the difference in income between the two parties. Part of the intake process involves gathering relevant information:

  • Each party's income from work and other sources;

  • The type of income each party earns, as the type affects consistency and taxation; and

  • Each party's budget and needs, including the expenses they pay on behalf of the children.


Other factors in the statute may or may not require discovery to be produced. I have questions in my intake questionnaire that address whether extenuating circumnstances exist. If so, I will follow up with a request for additional information.

This category is often the one people think of first when they hear the phrase “spousal support,” but it should still be analyzed carefully on its own terms.

Maintenance support addresses ongoing economic imbalance after divorce. It often becomes relevant when one spouse is in a materially stronger financial position and the gap is not likely to close quickly, if at all.

In many cases, the discussion is shaped by the duration of the marriage, the parties’ respective incomes and earning capacities, and the practical realities each person will face after separation.

The core issue is whether ongoing support is necessary to address a lasting financial imbalance in a way that is understandable, sustainable, and realistic in light of the overall settlement.

Transitional support addresses the process of moving toward greater financial independence after divorce.

It often becomes relevant when one spouse needs time, training, education, or a structured period of adjustment in order to improve earning capacity or return to the workforce on more stable terms.

Compensatory spousal support applies when one spouse made a significant contribution to the education, training, vocational skill, career, or earning capacity of the other. The contribution may not fit neatly into ordinary budget discussions, and the significance of that contribution may depend on the larger marital history.

Learn More

The overview above is only an introduction to Oregon spousal support in general. For more information about each category and how spousal support can be modified or terminated after it is awarded, please review the more detailed pages below:

To understand the other components of my comprehensive mediation process, please consider these overviews, which also include links to a closer look at each one:

Consultation

Spousal support works best when it is approached as part of the larger financial structure of divorce rather than as a stand-alone number. The goal is to create a support structure that makes sense in light of the actual financial realities the parties will face after divorce.

If you would like to discuss how my comprehensive divorce mediation process could assist you, please consider scheduling a consultation with me.

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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