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Understanding Spousal Support in Oregon: What to Know

August 8, 2025

Understanding Spousal Support in Oregon: What to Know

Divorce is never easy, and uncertainty about your financial future only makes it harder. One of the most common concerns we hear from clients involves spousal support in Oregon (also called alimony in other states).

You might be wondering how much support you’ll receive, how much you’ll be expected to pay, how long the payments will last, or whether things can change down the road. These are all valid questions, and the answers aren’t always straightforward.

Understanding how spousal support works in Oregon can help you make informed decisions and set realistic expectations for your situation during an emotional time. 

In this article, we’ll cover everything you need to know about spousal support. We’ll walk through the different types of spousal support in Oregon, how courts determine payment amounts and duration, and when support can be modified. We’ll also share a couple real-world examples so you can see how Oregon courts approach these decisions in practice.


How is spousal support defined in Oregon and how does it work?

In Oregon, spousal support refers to court-ordered payments from one spouse to another during or after a divorce or legal separation. These payments are intended to help the receiving spouse maintain financial stability, especially when there’s a significant difference in income, education, or earning potential between partners.

Spousal support isn’t automatic. It’s awarded on a case-by-case basis. In many cases, spousal support is a temporary bridge to help one spouse regain financial independence. In others, it may last longer, especially after long-term marriages or when one spouse is unable to return to the workforce.

Once ordered by the court, spousal support is legally enforceable. It’s typically paid monthly, and either party can request modifications later on, though the court must approve any changes.

 

Spousal Support vs Alimony: Is There a Difference?

No. Spousal support and alimony are often used interchangeably, but here in Oregon the official legal term is spousal support. Alimony is still used in other states, and you’ll see it used online, but Oregon statutes and court documents use the term spousal support. Spousal support reflects a more modern and gender-neutral approach.

That said, the concept is the same. Under Oregon “alimony” laws, these payments are designed to create a more equitable financial outcome after a marriage ends.

 

How is spousal support calculated?

While there is a specific formula to determine child support payments, there’s no fixed formula for calculating spousal support in Oregon. Instead, the court considers a range of factors to determine what’s just and equitable in each individual case. 

Spousal support eligibility in Oregon considers factors like:

  • The length of the marriage

  • The age, health, and earning capacity of each spouse

  • Contributions to the household (including unpaid labor, such as raising children or supporting a spouse through school)

  • The standard of living established during the marriage

  • The need for education or job training to become self-sufficient

    Once these factors are reviewed, a judge will decide on an amount and duration that aims to balance fairness with each person’s future stability.

    Since the outcome depends so heavily on your unique situation, having a knowledgeable attorney on your side can make a big difference in how much you receive in spousal support or how much you’ll need to pay. 


The 3 Types of Spousal Support in Oregon

two piggy banks being divided during a divorce

In Oregon, there are three types of spousal support that the courts can order to be paid, with each serving a different purpose.

Like the amount of spousal support, the type(s) awarded in your case will depend on your circumstances and what is appropriate. Let’s take a look at each. 
 

  1. Transitional Spousal Support - ORS 107.105(1)(d)(A)

Transitional support is designed to help a spouse re-enter the workforce or take steps toward advancing their career after divorce. It provides financial assistance for education, job training, or other resources needed to regain independence. This type of support is often awarded when one spouse puts their career on hold, such as becoming a stay-at-home parent, to support the family and now needs time and help to become self-sufficient. 

When determining if transitional support should be paid, a judge will consider factors like:

  • The length of the marriage;

  • Each spouse’s training, employment skills, work experience, and financial needs and resources;

  • The tax implications of the support awarded;

  • Each party’s child custody and child support responsibilities (if any);

  • Any other factors the court deems just and equitable in the situation.
     

  1. Compensatory Spousal Support - ORS 107.105(1)(d)(B)

Compensatory support is essentially designed to repay one spouse when they made significant contributions to the other's education, training, vocational skills, or earning potential. Examples of this could be a spouse working full-time to pay for the other’s tuition, or sacrificing career opportunities to support the other’s business.

Factors used to determine if compensatory spousal support should be paid include:

  • The kind of contribution made and for how long;

  • The length of the marriage;

  • Each spouse’s earning potential;

  • The tax implications of the support awarded;

  • How much the contribution already benefitted the couple’s marital estate;

  • Any other factors the court deems just and equitable in the situation.

 
  1. Maintenance Spousal Support - ORS 107.105(1)(d)(C)

Maintenance support is the ongoing support paid by one spouse for the sustenance of the other. It’s typically awarded after long-term marriages, especially when one spouse has little or no ability to become self-supporting, and can be temporary or indefinite. 

In awarding maintenance spousal support, Oregon law considers factors such as:

  • The length of the marriage;

  • Each spouse’s age and their health;

  • The standard of living during the marriage;

  • Each spouse’s earning potential, work experience, job skills, and training;

  • The tax implications of the support awarded;

  • The financial needs and resources of each spouse;

  • Any other factors the court deems just and equitable in the situation. 

 

Can you modify spousal support in Oregon?

Yes. The courts understand that people’s living situations may change after a divorce. People lose jobs, retire, face unexpected medical costs, or encounter other significant life changes. That’s why Oregon law allows for spousal support modifications, but only under certain conditions. If your support order was created through divorce mediation in Oregon, it may already include language about when and how modifications can occur.

What conditions qualify for spousal support modification?

ORS 107.135(3)(a) states that a spousal support agreement can be reconsidered when one party experiences “a substantial change in economic circumstances.” In other words, when there is a significant and lasting change to a spouse’s financial situation. This could include:

  • A major change in income;

  • A significant increase in living expenses (like health care or housing);

  • Job loss, disability, or retirement;

  • A change in the cost of necessary care of support.

 

It’s important to know that compensatory spousal support is treated differently and is generally harder to modify. In this case, the paying spouse must show that they experienced an “involuntary, extraordinary and unanticipated change in circumstances” that significantly reduced their ability to earn a living. Regular job changes and expected life events usually aren’t enough to modify compensatory spousal support.

What if retirement benefits don’t come through?

Some support orders anticipate that one spouse will begin receiving income from Social Security, a pension, or other retirement benefits at a certain age, and may set a future date for reducing or ending spousal support accordingly. But if those benefits don’t materialize as expected, that alone may qualify as a change in circumstance and the courts may revisit the support order accordingly. 

 

What about Social Security as a substitute for support?

The court will take a close look if Social Security payments are being considered as a replacement for all or part of a spousal support obligation. It will weigh the amount of Social Security the receiving spouse is entitled to, consider any retirement or pension funds available to either party, and factor in whether early retirement has reduced that benefit. The goal is to ensure that any adjustments still result in a fair outcome. 

Related: How Does a Job Loss or Change in Employment Impact my Child Support or Spousal Support Obligations?

 

Spousal Support in Practice (Examples)

Let’s take a look at a couple real-life court cases to get a better idea of Oregon courts order spousal support.

1. Morrison and Morrison (Oregon Court of Appeals 2011)

In a marriage of over 20 years, the wife had spent 17 years out of the workforce raising four kids while the husband became a high-earning cardiologist. The court awarded her:

  • $2,000/month in compensatory support for 8 years (to recognize her contributions to his career), and

  • $5,000/month in maintenance support for 3 years, which tapered down afterward but continued indefinitely.

 

In this case, we can see how Oregon courts combine support types to balance long-term contributions and future financial needs.

 

2. Gott-Dinsmore and Dinsmore (Oregon Court of Appeas 2024)

In a nearly 25-year marriage, the wife supported her husband through college and stayed home while he built a high-paying career in the tech industry. The court awarded her:

  • $1,500/month in transitional support for 3 years,

  • $1,500/month in compensatory support for 6 years, and

  • $2,000/month in indefinite maintenance support.

 

This case shows how Oregon courts will award substantial support when there is a high income gap between spouses, and it is justified by the contributions and sacrifices made during the marriage. 



Gevurtz Menashe Can Help You Navigate Spousal Support in Oregon

Spousal support can feel like one of the most uncertain parts of a divorce. Understanding how spousal support works in Oregon, the types available, how eligibility is determined, and when modifications are possible can help you plan for the road ahead.

As we’ve seen, every case is unique, and the factors that determine how much spousal support you will be awarded or ordered to pay can vary greatly. If you have questions about spousal support, or anything related to divorce or separation, we’re here to help.

Contact us today to schedule a consultation with an experienced family law attorney who will walk you through your options and advocate for your future.