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Spousal Support
Determining Spousal Support
The court shall determine the amount and duration of any spousal maintenance (alimony) based on the following criteria:
(1) The duration of the marriage
(2) The age and health of each spouse
(3) The standard of living established during the marriage
(4) The relative income and earning capacity of both spouses
(5) Each spouse's training and employment skills
(6) Each spouse's work experience
(7) The financial needs and resources of the spouses
(8) Custodial and child support responsibilities
(9) Any other factors that the court deems appropriate.
Spousal support may be temporary for a period of time or indefinite, fixed or variable. Spousal support is deductible by the person paying such support and included in the income of the person receiving such support for federal income tax purposes. Spousal support payments are not dischargeable in bankruptcy.
Modifying/Terminating Spousal Support
Spousal support may be modified or terminated upon a motion showing that there has been a substantial change in economic circumstances of a party. Under Oregon law, there is no provision for an automatic termination of spousal support when a former spouse remarries. Also, a voluntary reduction in the paying party's income does not qualify as a change in economic circumstances. Generally, spousal support which was due prior to the filing of a motion to modify/terminate such support cannot be modified or terminated.
Romano Law, P.C. and Michael G. Romano are licensed to practice in the state of Oregon only. The information provided on this website is offered for informational purposes only. It is not offered as legal advice and does not constitute legal advice. Romano Law, P.C. does not seek to represent you based upon your visit to or review of this website. This website may be considered advertising under the rules of the Oregon Bar Association. You should not make legal decisions based upon brochures, advertising, or other promotional materials. If you would like to schedule a consultation to discuss a specific legal matter, please contact our offices.