Spousal Support
In many cases, spousal support is awarded by the court to a spouse with less earning capacity to even the standard of living between the two following the divorce. I provide experienced guidance and representation to spouses going through this process.
Whether you are seeking spousal support or protecting your financial interests and ensuring that the support settlement is fair, I can help. Contact my office today at 503-626-1808 for an initial consultation.
Generally, Oregon courts can provide for spousal support (alimony) following a divorce. The criteria considered in an award of spousal support include:
- The duration of the marriage
- The age and health of each spouse
- The standard of living established during the marriage
- The relative income and earning capacity of the parties
- Each spouse's training and employment skills
- Each spouse's work experience
- The financial needs and resources of the parties
- Custodial and child support responsibilities
- And any other factors that the court deems appropriate
Tax Consequence Of Spousal Support
Spousal support is tax deductible by the paying spouse and treated as taxable income to the recipient spouse under the Internal Revenue Code. This means that there are possible income tax advantages to the individual paying spousal support. This also means that anyone negotiating to receive spousal support should get advice from an accountant or other qualified individual to predict the tax consequences of receiving support. Planning ahead for those tax consequences is important to planning your financial future.
Modification/Termination Of Spousal Support
Both the amount and duration of a spousal support award are determined by the facts of each case and by the terms of the specific written divorce Judgment. In Oregon, unlike California, there is generally no provision for an automatic termination of spousal support when a former spouse remarries or cohabitates. Rather, either party receiving or paying support may motion the court for a modification or termination of support based on a finding by the court as to whether or not there has been a substantial change in economic circumstances. In determining whether or not a substantial change of circumstances exists, the court inquires into the income opportunities and benefits of the parties from all sources. A voluntary reduction in the obligor's income is not a sufficient change of circumstances.
Oregon law also provides that a person may petition for modification or termination of support if, after 10 years of payment, the other party has not made reasonable efforts to become self-supporting
Portland Spousal Modification Lawyer: Timing Of Modification
The court cannot modify or terminate an award of spousal support that was due or owing prior to filing of a motion to modify/terminate support. This means that until a modification proceeding is filed, support will remain as determined under the judgment regardless of new or changed circumstances of the parties.
