The Inequity of Spousal Support

Portland Divorce Lawyer Ronald Allen Johnston Helps Balance the Scales

Miserable Couple With CoffeeDivorce affects many aspects of your finances, due to court-mandated child support as well as spousal support. Although spousal support is supposed to limit the unfair economic effects of a divorce for a lower-wage-earning spouse, spousal support can sometimes create financial burdens for the spouse who must make the payments. You need a Portland divorce attorney who can help you balance the scales and protect your interests.

Spousal Support in Oregon

Spousal support is a very important subject for most men having a divorce. Oregon allows three types of spousal support: transitional, maintenance and compensatory. Several recent cases from the Oregon appellate courts have defined or redefined the rights and obligations relating to spousal support.

Transitional spousal support allows a spouse to have money for education or training necessary for that person to re-enter the job market.

Maintenance spousal support provides money to a spouse for a certain period of time due to such factors as that spouse’s health issues, earning capacity and even standard of living established during the marriage.

Compensatory spousal support requires one spouse to give money to the other spouse when the other spouse made a significant financial contribution or other type of contribution that allowed one to gain education or greater earning capacity.

In the area of spousal support, a confidential pre-divorce consultation can be very useful to a husband or father contemplating divorce. Contact an experienced Portland divorce lawyer to schedule your consultation today so that you do not make mistakes that could lead to financial burdens. Ronald Allen Johnston knows your struggles, and he fights for fathers and husbands. Call today for a confidential consultation.

Oregon Law ORS 107.105(1)(d)

Following is the Oregon law on spousal support:

(1) Whenever the court renders a judgment of marital annulment, dissolution or separation, the court may provide in the judgment:
(d) For spousal support, an amount of money for a period of time as may be just and equitable for one party to contribute to the other, in gross or in installments or both. The court may approve an agreement for the entry of an order for the support of a party. In making the spousal support order, the court shall designate one or more categories of spousal support and shall make findings of the relevant factors in the decision. The court may order:
(A) Transitional spousal support 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. The factors to be considered by the court in awarding transitional spousal support include but are not limited to:
(i) The duration of the marriage;
(ii) A party’s training and employment skills;
(iii) A party’s work experience;
(iv) The financial needs and resources of each party;
(v) The tax consequences to each party;
(vi) A party’s custodial and child support responsibilities; and
(vii) Any other factors the court deems just and equitable.
(B) Compensatory spousal support when there has been a significant financial or other contribution by one party to the education, training, vocational skills, career or earning capacity of the other party and when an order for compensatory spousal support is otherwise just and equitable in all of the circumstances. The factors to be considered by the court in awarding compensatory spousal support include but are not limited to:
(i) The amount, duration and nature of the contribution;
(ii) The duration of the marriage;
(iii) The relative earning capacity of the parties;
(iv) The extent to which the marital estate has already benefited from the contribution;
(v) The tax consequences to each party; and
(vi) Any other factors the court deems just and equitable.
(C) Spousal maintenance as a contribution by one spouse to the support of the other for either a specified or an indefinite period. The factors to be considered by the court in awarding spousal maintenance include but are not limited to:
(i) The duration of the marriage;
(ii) The age of the parties;
(iii) The health of the parties, including their physical, mental and emotional condition;
(iv) The standard of living established during the marriage;
(v) The relative income and earning capacity of the parties, recognizing that the wage earner’s continuing income may be a basis for support distinct from the income that the supported spouse may receive from the distribution of marital property;
(vi) A party’s training and employment skills;
(vii) A party’s work experience;
(viii) The financial needs and resources of each party;
(ix) The tax consequences to each party;
(x) A party’s custodial and child support responsibilities; and
(xi) Any other factors the court deems just and equitable.

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