Divorce Alimony in Oregon

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Several marriages do not end up on a happy note in people's life. Due to unavoidable conflicts and poor compatibility situation in marital lives, most of people decide to get divorce from their respective partner. Apart from simple separation from the partner, both the parties are required to show their common agreement about the issues related to the marriage. Each issue is resolved as per the laws and rights of the state. However, these laws may vary from state to state. For example, the divorce alimony in Oregon is one such issue that is mandatory and the court of the state is not usually concerned with the existence of fault by either of the two parties.

Types of Divorce Alimony

In this state, alimony is referred to by the term "spousal support." There are three types of alimony support granted in this state.

  • 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. The amount of this support is decided according to the needs of the recipient to maintain the same standard of living as it was during the marriage phase.
  • Compensatory Spousal Support: When one party makes a considerable financial support or other input to the education, training, vocational skills, career or earning capacity of the other party, especially during the marriage then the partner is responsible to provide the compensatory spousal support to the former spouse.
  • Transitional Spousal Support: This payment is given to a spouse to acquire education and training in order to turn themselves adequate for the working field. Before awarding such type of alimony support, various factors are considered such as, length of the marriage, the custodial responsibilities, consequences of support on taxes and likewise.

Essential points regarding Divorce Alimony in Oregon

  • 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 in front of the court itself.
  • 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 or not.
  • Some of the crucial assumptions are as follows:
    • The duration of the marriage.
    • The physical and mental health of the divorcing spouses.
    • 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 some legal advices from a divorce lawyer prior to the final hearing of the case.

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 seven years.
  • After two years, the recipient of alimony remarries and gets financial benefits of remarriage. Hence the spousal support is terminated.
  • After another two years, the ex recipient's new spouse dies. Now, the ex recipient may attempt to reinstate the original support.

Points relevant to Alimony Settlement

It is important that divorcing individuals should have the knowledge regarding all possibilities associated with the divorce alimony. Some of the relevant points are:

  • 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 the either spouse.
    • During a modification proceeding, the court issues orders that support should be stopped in specific conditionssuch as, remarriage of the recipient and likewise.
  • 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 the spousal and the child support. Therefore, there is a possibility that if the spousal support is increased, the child support might be decreased.

The settlement of the divorce alimony in Oregon is one of the critical issues and it is finalized after considering the specific requirements of the recipient and the capability of the payer.

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