Quick Guide to Spousal Support in Oregon
What are Different Types of Spousal Support in Oregon?
There are generally four types of spousal support in Oregon and around the rest of the country. A judge has the final ruling on spousal support in Oregon unless two parties reach a settlement outside of court, and the judge will generally award one or more of the following:
1) General Support- this type of maintenance is used if the assisted spouse’s income is significantly lower than the other spouse’s. This type of support allows both parties to maintain reasonable standard of living after the divorce.
2) Transitional Support- this type of maintenance is used for help in advancing the supported spouse’s vocational training or education and can also be used for rehabilitation services such as counseling.
3) Reimbursement Support- this type of maintenance is awarded to the assisted spouse to cover costs associated with large contributions to the other spouse’s education or increased salary. This type of spousal support in Oregon may also cover reimbursement for the supporting spouse’s unreasonable expenditures.
4) Interim Support- this type of maintenance is awarded to solely provide non-permanent maintenance during an upcoming divorce case.
How is Spousal Support in Oregon Calculated?
There are a number of ways spousal support in Oregon is calculated. You may use the formula on this page to receive an estimated amount. The website uses formulas based on the American Academy of Matrimonial Lawyer’s (AAML) calculation and factors the state of Oregon may consider in a divorce case. The AAML’s formula works in the following way:
Spousal Maintenance = (30% of supporter’s gross income) – (20% of the supported party’s gross income)
The total income of the supported spouse including their gross income and support received cannot exceed 40% of the combined gross income of the parties.
The standard formula also calculates the duration of spousal support in Oregon if a judge wishes to use the calculation. The formula works as follows:
1) Marriage of 0-3 years X 30%
2) Marriage of 3-10 years X 50%
3) Marriage of 10-20 years X 75%
4) Marriage of 20 years or more may result in permanent support
A judge may or may not decide to use the standard AAML formula when totaling the amount of spousal support in Oregon. If the judge decides not to use the formula, they will determine the amount of spousal support in Oregon based upon the following and possibly more:
1) What is the direct income of both spouses?
2) What is the gross income of both spouses according to Section 61 of the Internal Revenue Code?
3) What employee benefits does each spouse receive for insurance, vehicle and their maintenance, and the use of vacation homes and other recreational bonuses?
4) What are the potential, overtime, and equitable incomes for both of the spouses?
5) Will either of the spouse’s face serious tax consequences after the divorce becomes finalized?
6) How does the spousal support in Oregon reflect the amount of child support a child would potentially receive?
How Can I find forms for Spousal Support around Oregon?
If you don’t reach a settlement outside of court, a judge will determine the amount of spousal support that should be awarded. If the judge orders spousal support, you will have to fill out a Supplemental Judgment Modifying Judgment Regarding Custody, Parenting Time, Child Support or Spousal Support and/or re: Jurisdiction. If the final settlement is contested, you will have to file Form 6F Uniform Support Affidavit. Both of these forms need to be submitted to the Court Clerk.