When going through a divorce there are three key financial components that you will likely need to be aware of: the division of assets and debts, child support, and spousal support (commonly known as alimony). Spousal support is an amount of money paid by one spouse to the other to help them meet their needs after the marriage has been dissolved. Spousal support is frequently misunderstood as its application is not automatic in every case like child support.
This type of support can be paid by either the husband or the wife, or it may not be ordered at all. Understanding how spousal support in Oregon is handled will help you to know what to expect when you are going through a divorce.
Types of Spousal Support
There are three main categories of spousal support that may be considered in your specific case. While they are all considered spousal support, it is good to know the differences:
- Transitional Support – This type of support is typically temporary in nature and is given to help one spouse get the education or training they will need to reenter the job market. You’ll typically find this type of spousal support only in short or mid-length marriages.
- Compensatory Support – This is the least common type of spousal support. It is given to help make up for significant contributions (typically financial) during the marriage or divorce. For example, if one spouse pays for the education of another prior to the divorce, the one who paid may be awarded compensatory support.
- Maintenance Support – This type of spousal support can go on indefinitely and is usually reserved for long term marriages that are ending. It is most commonly found when one spouse was a stay at home parent or there is a major gap between the earnings of the spouses.
Unlike child support, there is no set formula that judges must follow when issuing spousal support. There are, however, a number of factors that judges look at when considering whether or not to issue spousal support. The most significant factors are:
- Marriage Duration – The shorter the marriage, the less likely that there will be spousal support issued.
- Health – The health of each party can be considered when deciding spousal support.
- Age – The age of each spouse will be a contributing factor.
- Earning Capacity – This is one of the most significant factors involved in this process.
- Needs for Entering Workforce – If either party requires training or education prior to entering the workforce, this will be a significant factor in determining spousal support.
- Other – Any other financial considerations or tax considerations.
Fighting for Your Spousal Support Interests
Whether you are fighting to receive spousal support or you are hoping to avoid paying this type of support, we are here to help. In Oregon it is extremely difficult to have a spousal support decision overturned down the road, which is why it is so important to get it right the first time. Here at Landerholm Law we will fight for your best interests regarding spousal support and any other divorce related issues. With that in mind, please contact us to discuss all your options today.