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General Questions about Spousal Support |
| Q: |
What is spousal support? |
| A: |
Spousal support, also known as alimony, is money paid by one spouse to the other. In Oregon, spousal support is classified in three categories: transitional support, compensatory support, and spousal maintenance. A judge may award spousal support based on one or more of these classifications. |
| Q: |
How does the judge decide whether and how much spousal support should be paid? |
| A: |
The three different types of spousal support available in Oregon are:
Transitional support: The judge looks at what support is needed to assist the spouse in re-entering the work force. Funds can be used for education or training.
Compensatory support: The judge determines an amount of support that compensates one spouse for supporting or contributing to the other's education, career, or earning ability.
Spousal maintenance: The judge considers what support is appropriate to keep a standard of living similar to what was enjoyed in the marriage. |
| Q: |
Will either party be required to pay spousal support? |
| A: |
Spousal support must be requested in the initial pleadings before a judge will consider awarding it. A judge will consider a variety of factors to determine whether spousal support is appropriate. These factors correspond to the type of spousal support that is ultimately awarded (see above). Some basic factors include the length of the marriage, the parties' earning capacity and financial needs, tax consequences of an award, and the parties' work or educational experience. |
| Q: |
If spousal support is ordered, does it continue forever? |
| A: |
Depending upon its purpose, support can be awarded for a set period of time, i.e. 5 years or indefinitely, i.e. until a court changes the order. Spousal support may terminate upon the death of either party but must terminate upon the death of the person receiving spousal support. |
| Q: |
Does spousal support automatically end if the receiving spouse remarries? |
| A: |
No, although remarriage is something that a judge can consider if there is a request to modify or terminate the spousal support award. |
| Q: |
If I didn't get spousal support in my divorce judgment, can I go back to court later and get it? |
| A: |
No. Spousal support must be ordered in your original divorce decree or the court is powerless to award any spousal support. |
| Q: |
How will spousal support effect my taxes? |
| A: |
The party receiving spousal support treats these payments as regular income for tax purposes. The party making the support payments can deduct these payments from their income taxes since no taxes are assessed against the person paying support on the funds paid as spousal support. |
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