Divorce

In Oregon, there are three different types of spousal support. If the judge decides to grant spousal support in your case, s/he must also decide which type is appropriate. The types of spousal support are:

• transitional;
• compensatory; and
• spousal maintenance.¹

Transitional spousal support

A judge can grant transitional spousal support to help you get the education or training you need to go back into the workforce or advance in the job market. When deciding whether to grant transitional spousal support, the judge will consider:

• the length of the marriage;
• your training and employment skills;
• your work experience;
• the financial needs and resources of you and your spouse;
• the tax impact of a spousal support award;
• your and your spouse’s custody and child support responsibilities; and
• any other factors necessary to make a fair decision.²

Compensatory spousal support

A judge can order compensatory support when one spouse has made a significant financial or other type of contribution to the other spouse’s education, training, vocational skills, career, or earning capacity. When deciding whether to grant compensatory spousal support, the judge will consider:

• the amount, length, and type of the contribution you made to your spouse;
• the length of the marriage;
• how much you and your spouse will each be able to earn in comparison to each other
• how much your contribution helped to increase joint assets during the marriage
• the tax impact of a spousal support award; and
• any other factors necessary to make a fair decision.³

Spousal maintenance

Spousal maintenance is ordered to allow you to keep a similar standard of living as you had during the marriage and is generally only ordered in long-term marriages. When deciding whether to grant spousal maintenance, the judge will consider:

• the length of the marriage;
• your age and your spouse’s age;
• your health and your spouse’s health, including physical, mental, and emotional condition;
• the standard of living during the marriage;
• the income and earning ability of you and your spouse;
• your and your spouse’s training and employment skills;
• your work experience and your spouse’s work experience;
• your and your spouse’s financial needs and resources;
• the tax impact of a spousal support award;
• your or your spouse’s custody and child support responsibilities; and
• any other factors necessary to make a fair decision.⁴

¹ O.R.S. § 107.105(1)(d)
² O.R.S. § 107.105(1)(d)(A)
³ O.R.S. § 107.105(1)(d)(B)
⁴ O.R.S. § 107.105(1)(d)(C)