Spousal Support
in Oregon Divorce Mediation:
Mediator Matthew House, J.D.
Spousal Support is the proper legal term in Oregon and most states to refer to what some people call "alimony." Today, "spousal support" is the standard term, but alimony and spousal support are the same thing. Simply stated, spousal support is money paid by one spouse to the other spouse, upon a divorce, to achieve some ongoing financial purpose.
Transitional spousal support, the second of the three types of spousal support recognized in Oregon, is meant to assist the receiving spouse in making the transition to financial independence. Perhaps one spouse needs to enroll in classes or a degree program to get marketable skills to make him or her employable. Maybe one spouse has just started a new job or professional practice and anticipates an increase in his or her income but it won't happen immediately. Alternatively, the children of the family might be very young and not in school, but the couple knows that once all of the children are enrolled in school full-time, the unemployed (or less employed) spouse will be moving toward full-time employment. A higher amount of spousal support may be needed to bridge that gap. Those are just a few of what could be an infinite list of potential scenarios justifying transitional spousal support.
Maintenance spousal support, the third type of spousal support available in Oregon, may be awarded to provide an ongoing supplement based on the fact that the receiving spouse has no realistic possibility of approaching the earning power of the higher-earning spouse. Many spouses -- often women but sometimes men -- have earned less money than their spouses during the marriage. For good reasons, many couples decide that one spouse will be more focused on earning money and the other will have primary responsibility for the home. This kind of division of labor is entirely healthy and normal. The only thing to reconcile upon the divorce is the fact that one spouse may have developed a financial disadvantage. Maintenance spousal support addresses that disparity but may not result in equalizing income.
Compensatory spousal support is the least common of the three types, but it occasionally may be awarded to compensate that person for contributions to the marriage that did not have monetary payment attached to them.
Spousal support is always negotiable in mediation. Not every case involves spousal support. Whether, how long, and in what amount spousal support should be paid depends on the circumstances of the case. Matthew will explain the factors to consider and the general guidelines for determining an amount and duration.
Please do not rely on anecdotes from friends, colleagues, or online message boards to form your concept of spousal support. How it applies to you and your spouse may be very different from the circumstances of the divorce of the person supplying you the information. Even research you may perform from legitimate sources may be taken out of context or misinterpreted, so the best approach is to wait until you have met with Matthew. You will get an objective and accurate understanding of spousal support.
Transitional spousal support, the second of the three types of spousal support recognized in Oregon, is meant to assist the receiving spouse in making the transition to financial independence. Perhaps one spouse needs to enroll in classes or a degree program to get marketable skills to make him or her employable. Maybe one spouse has just started a new job or professional practice and anticipates an increase in his or her income but it won't happen immediately. Alternatively, the children of the family might be very young and not in school, but the couple knows that once all of the children are enrolled in school full-time, the unemployed (or less employed) spouse will be moving toward full-time employment. A higher amount of spousal support may be needed to bridge that gap. Those are just a few of what could be an infinite list of potential scenarios justifying transitional spousal support.
Maintenance spousal support, the third type of spousal support available in Oregon, may be awarded to provide an ongoing supplement based on the fact that the receiving spouse has no realistic possibility of approaching the earning power of the higher-earning spouse. Many spouses -- often women but sometimes men -- have earned less money than their spouses during the marriage. For good reasons, many couples decide that one spouse will be more focused on earning money and the other will have primary responsibility for the home. This kind of division of labor is entirely healthy and normal. The only thing to reconcile upon the divorce is the fact that one spouse may have developed a financial disadvantage. Maintenance spousal support addresses that disparity but may not result in equalizing income.
Compensatory spousal support is the least common of the three types, but it occasionally may be awarded to compensate that person for contributions to the marriage that did not have monetary payment attached to them.
Spousal support is always negotiable in mediation. Not every case involves spousal support. Whether, how long, and in what amount spousal support should be paid depends on the circumstances of the case. Matthew will explain the factors to consider and the general guidelines for determining an amount and duration.
Please do not rely on anecdotes from friends, colleagues, or online message boards to form your concept of spousal support. How it applies to you and your spouse may be very different from the circumstances of the divorce of the person supplying you the information. Even research you may perform from legitimate sources may be taken out of context or misinterpreted, so the best approach is to wait until you have met with Matthew. You will get an objective and accurate understanding of spousal support.