Divorce Alimony in Oregon
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Types of Divorce Oregon Alimony
In this state, alimony is referred to by the term "spousal support." There are 3 types of support in Oregon.
- Maintenance Spousal Support: One spouse makes certain payments to the other spouse with an intention that the recipient spouse should be able to maintain a certain standard of living
- Compensatory Spousal Support: When one party makes a considerable financial or other input to the education, training, vocational skills, career or earning capacity of the other party, this other party makes compensatory support to the party who initially made the input
- Transitional Spousal Support: This payment is given to a spouse to acquire education and training that is essential for re-entry in the job market or for advancement in it
Prominent points regarding Divorce Oregon Alimony
- The court decides the award of spousal support for a specific reason or reasons as well as on the basis of certain assumptions of the partners seeking divorce
- It is very crucial that the objective of alimony and baseline assumptions are clearly stated
- If the circumstances of the spouses undergo an alteration, the court examines the objectives and assumptions (mentioned in the previous point) to take a decision whether to alter the spousal support
- Some of the crucial assumptions are as follows
- The duration of marital life
- The health of the spouses seeking divorce
- The factors that might affect the incomes or earning abilities of the parties
- The actual incomes or earning abilities of the spouses
- Is any spouse residing with and sharing expenditures with another adult?
- Any other factors that may impact the ability to pay support or the requirement for support
The statement of all the above points in the judgment is very critical. So, it is recommended that the spouses seek legal advice from a divorce lawyer prior to entry of the final judgment.
Reinstatement of Oregon Alimony
Let us assume that as per the original terms of the award, the spousal support is terminated. However, in course of time, the reason for termination does not exist. Then, the award of alimony may be reinstated. Let us see an example.
- The original award was that spousal support may be paid for 7 years
- After 2 years, the recipient of alimony remarries and gets financial benefits of remarriage. Hence the spousal support is terminated
- After another 2 years, the ex recipient's new spouse dies. Now, the ex recipient may attempt to reinstate the original support
Points relevant to Oregon Alimony
- The court must issue orders that the obligor must maintain a life insurance that is adequate to safeguard outstanding balance of the spousal support. The intention is that in case of the demise of the obligor, the obliged does not loose the advantage of alimony that was originally granted by the court
- The spousal support may be terminated in the following conditions
- After the lapse of the period for which it was originally granted
- On demise of either spouse
- During a modification proceeding, the court issues orders that support should be stopped
- When an award of spousal support is made, there is a direct impact on child support award. Let us consider that one spouse is disbursing both spousal and child support. Then, if the spousal support is increased, the child support might be decreased
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