Spousal Support (Alimony) in Oregon Divorce Mediation

Last Updated: June 20, 2026

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(1)(d)) and assist you in determining whether and to what extent spousal support should be paid. I developed a 43-point protocol to aid that discussion.

Here are the basics to know at the outset:

Three types of spousal support are available in Oregon: 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.

The type of support considered will affect how it is discussed. Some factors appear across all three types, whereas others are specific to only one or two.

Ironically, the factor that appears last in each of the three lists in the statute is the one that matters most in mediation: factors that are "just and equitable." The statute is written to express what a judge would consider, but in divorce mediation sessions, there is no judge. The parties are the judges. No matter how many factors you may take into account, what you ultimately agree on about spousal support reflects what you believe is just is equitable.

Oregon's Lack of Legal Framework

What you will not find in the chart above is any statutory way to compute spousal support. Oregon law provides no specific formula to calculate it.

Over time, a general rule of thumb developed but was never official. Then, in 2017, tax changes were enacted that took effect on January 1, 2019. Because of those changes, spousal support is not tax-deductible by the paying party, and it is not taxable income to the recipient.

Because the widely accepted practices (which were still never official) were based on the pre-2019 tax code, the changes in the law meant the existing framework would likely no longer be fair or affordable. Since 2019, norms have been steadily developing but are still not codified in the Oregon Revised Statutes.

However, two things are objectively true:

The length of the marriage is usually relevant. The decisions a couple makes together have more entrenched effects the longer the marriage continues. Disentangling those financial ties and the effects of dissolving a marital union do not happen immediately.
The difference in income is usually relevant as well. Although exceptions exist, spousal support tends to be most appropriate when there are differences in income, education, work history, and/or earning capacity.

In mediation, you can agree on whatever spousal support provisions are acceptable to both parties. My role is to share with you the legal framework that exists, incomplete as it may be, and supplement it with the comprehensive resources that I've developed on my own to promote fair and sustainable spousal support provisions, if any.

My 43-Point Protocol for Spousal Support

My spousal support protocol is a structured, comprehensive system with 43 points designed specifically to balance the ability to pay with the necessity to receive, ensuring both households remain financially viable. I do not publish the proprietary list because it is the professional analysis clients hire me to perform, but here is what it accomplishes:

At the introduction, I will tell you the specific discovery that I will need from you to discuss spousal support. In general, the budget lists in your intake file and some basic documentation of each type and source of income that either party receives is sufficient to understand your finances.

In every case, at the mediation session(s) devoted to discussing spousal support:

I listen carefully to each party's concerns. Most people are preoccupied by the reality of post-divorce financial life and need to know that the budget and support discussions are meant to ensure stability
For example, some are concerned about being able to survive financially; others are concerned about the instability of one or both parties' incomes.
I explain the concepts and clarify any misconceptions you may have about spousal support or the differences among the three types. The Internet is replete with misinformation, even on some professional websites
I review the four ways spousal support can be paid and the three types of spousal support to allow you to discuss whether and to what extent spousal support is necessary or feasible
I analyze the likely short-term and long-term effects of the options you may be considering
I share tips to consider and pitfalls to avoid, based on 21 years of experience working with more than 1,000 families

Because I developed my protocol after two years of additional training in divorce finance, which very few divorce mediators have, I wait until the mediation process is underway to reveal it so that I can ensure that is used in the proper context and with the right data. To understand the framework, please note that I will:

Examine the resources, marriage length, and shared finances and explain how they may apply in your case;
Study the income information based on the type of income, going beyond what appears on the paystub or Form 1099;
Review the tax ramifications, which do exist in every case, even though the spousal support payments themselves have no tax effect when paid or received;
Give you options for the timing and structure of the support payments, if any, and the likely advantages or disadvantages of each alternative;
Ensure that the Marital Settlement Agreement contains stipulations to preserve the stability of the spousal support agreement, even if you opt not to include spousal support in your divorce;
Draft conditions in the MSA to ensure each party's cooperation with the other party concerning any spousal support provisions that may be included;

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.

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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