Spousal Support in Oregon Divorce Mediation: Mediator Matthew House, J.D.
Spousal Support is the legal term in Oregon for what some call "alimony."
What is Spousal Support? Spousal support is money paid by one party to the other party, upon a divorce, for reasons other than child support or property division. Oregon law recognizes three types of spousal support. Most cases that have spousal support have only one of the three types, but it's possible to have more than one. Matthew can provide greater detail when you discuss spousal support in mediation.
Why it Matters: Not all divorce cases involve spousal support, but many do. However, every case, and therefore every Marital Settlement Agreement that Matthew writes, must include a notation as to whether or not spousal support will be included. Therefore, spousal support will have at least some place in the mediation discussions, even if both of you agree not to exchange it.
Facts Often Misunderstood:
What Matthew Will Do For You In Mediation:
What to Prepare: The information that Matthew will need from you will be listed in your intake file after you become a client. It will include, among other information, your current income data, your work history, and your educational background.
What is Spousal Support? Spousal support is money paid by one party to the other party, upon a divorce, for reasons other than child support or property division. Oregon law recognizes three types of spousal support. Most cases that have spousal support have only one of the three types, but it's possible to have more than one. Matthew can provide greater detail when you discuss spousal support in mediation.
- Transitional spousal support is meant to assist the receiving party in making the transition to financial independence.
- Maintenance spousal support may be appropriate if there is a disparity in earning capacity to maintain a standard of living reasonably comparable to that which was enjoyed during the marriage.
- Compensatory spousal support can be awarded to one party for significant financial or other contributions to the other party's education, training, career, or earning capacity.
Why it Matters: Not all divorce cases involve spousal support, but many do. However, every case, and therefore every Marital Settlement Agreement that Matthew writes, must include a notation as to whether or not spousal support will be included. Therefore, spousal support will have at least some place in the mediation discussions, even if both of you agree not to exchange it.
Facts Often Misunderstood:
- Spousal support is no longer excluded from the income of the paying party. It is not tax-deductible. The law changed as of January 1, 2019.
- Likewise, spousal support is not taxable income for the recipient.
- Unlike child support, there is no online calculator or specific formula for spousal support in Oregon. Any "Oregon spousal support calculator" you find online or anyone claiming that there is a precise formula is wrong. It is always negotiable in mediation or at the discretion of the judge in court. There are factors to consider and general guidelines, but no fixed formula and certainly no definite amount or duration.
- Spousal support does not automatically end, by law, when the recipient remarries, but you can include that provision in your agreement if you wish.
- Please Note: An anecdote from a friend (or two or three) or random facts online should not be relied upon as factual, especially about something as sensitive as spousal support payments. Matthew intentionally does not list specific information about spousal support on his website. It is not possible to provide proper context online. Something as individualized as spousal support can be very misleading if taken out of context and applied to someone else's circumstances. Please wait until you get to mediation to gather complete information from Matthew.
What Matthew Will Do For You In Mediation:
- Matthew will explain the factors to consider and the general guidelines for determining an amount or duration.
- He will offer you alternatives for the payment terms and methods.
- He will share with you examples from past clients in similar circumstances and explain what they agreed to.
What to Prepare: The information that Matthew will need from you will be listed in your intake file after you become a client. It will include, among other information, your current income data, your work history, and your educational background.