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After divorce, what spousal support is available to me?

| Sep 17, 2014 | Divorce |

Spousal support, also known as alimony, is not always necessary for every divorced couple in Oregon. However, for those who believe that they are eligible to receive some type of spousal support, it can be important to go into a divorce prepared. There are actually three different types of spousal support that you may qualify for. 

Transitional support is generally temporary, and may be affected by a number of different factors. Intended to aid an ex-spouse in the ability to earn an education or complete job training, this type of support is generally geared toward those who need the aforementioned in order to return to the work force. The receiving spouse’s skills and earning ability, financial need, the length of the marriage and tax consequences can all affect the distribution of this type of support.

There is also compensatory spousal support, which is geared more toward those who played a substantial role — financial or otherwise — in the furthering of their spouse’s education or work. The same factors that applied to transitional support also apply here, although circumstances directly related to the contribution may also be taken into account. Other factors may also apply.

Finally, there is spousal maintenance. Unlike the other two types of support, spousal maintenance may be ordered for a brief or temporary time period, or may be indefinite. Generally, the factors that applied to transitional support are also considered when deciding whether or not spousal maintenance is appropriate. Other factors, including the overall health and well being of those involved and future earning ability are also looked at.

When facing a divorce in Oregon, it can be beneficial to understand what you legally may be entitled to. Particularly if one spouse stayed at home while the other worked, or if one spouse out-earned the other by a significant amount, some type of spousal support may apply. However, if neither party is able to agree on the type or duration of the support through either mutual negotiation or mediation with an impartial third-party, then the couple may ultimately proceed to court, where a judge will have the final decision over both the support and the divorce settlement.

Source: divorcesource.com, “Oregon Divorce Laws“, , Sept. 14, 2014

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