Hillsboro Spousal Support Lawyer

Spousal support (sometimes referred to as alimony) is a standard part of many Hillsboro divorce settlement agreements or final judgments. Spousal support must be requested in the pleadings to be awarded by the court.  Spousal support is generally available to spouses who have more limited income or earning ability, due to a party being focused on supporting their spouse’s career or being out of the job market to stay home taking care of children. Women and men have equal rights when it comes to seeking financial stability after divorce.

At Harris Velázquez Gibbens, we help clients facing divorce understand their rights in more detail. Whether you are expecting to pay alimony or need it after divorce, a Hillsboro family law attorney at our firm can help.

When is Spousal Support Awarded?

In Oregon, spousal support is awarded when, following legal separation or divorce, the court concludes that one spouse is unable to independently maintain the standard of living established during the marriage. How much is awarded (and for how long) will depend on factors related to each party’s need and ability to pay, which often makes it one of the most contentious issues during a divorce.

What Types of Alimony Are Available?

There are three types of spousal support available in Oregon, each one intended to fulfill a specific purpose. They are as follows:

• Transitional Support
• Compensatory Support
• Maintenance Support

Because they are intended to meet different types of financial needs, the methods of calculating them vary slightly from one to the other. Let’s take a closer look at each one and the factors that courts use to determine the amount and duration of a spousal support award.

How is Spousal Support Calculated in Oregon?

Not too long ago, judges made alimony awards using their personal sense of fairness as a sole guideline. As you can imagine, the result was a huge variation in spousal support awards from one court to the next. Today, there are predetermined factors that judges must consider. Although they are still permitted to exercise a certain amount of discretion, these guidelines have created more consistency in the amounts and duration of spousal support payments.

Transitional Spousal Support

Transitional support is a form of temporary spousal support intended to help a lower-earning spouse until they have acquired the education or training needed to become financially self-supporting. Once that happens, these temporary alimony payments typically stop.

When calculating a transitional spousal support award, courts consider factors like the following:

• The duration of the marriage;
• A party’s training and employment skills;
• A party’s work experience;
• Each spouse’s financial needs and resources;
• The tax consequences to each party;
• A party’s child custody and child support obligations; and
• Any other factors deemed just and equitable by the court.

Compensatory Spousal Support

Courts may award compensatory spousal support when one spouse has supported (financially or otherwise) the education, training, skills, career, and/or earning capacity of the other. 

For example, if someone who supported their spouse during medical school or another type of advanced professional training sacrificed their own career goals as a result, they may be eligible for compensatory support. It may also be awarded if one spouse’s role involved mainly domestic duties and child care, reducing their earning capacity and creating an economic disadvantage.

Compensatory support may also be awarded when one party receives property of significantly higher value during the divorce proceedings and there are no other assets to ‘offset’ the award. The goal is to ensure that the receiving spouse has adequate financial resources moving forward.

In determining whether to award compensatory spousal support, the court will consider factors such as:

• Contribution amount, duration, and nature;
• The duration of the marriage;
• Each party’s relative earning ability;
• The extent to which the contribution has already benefited the marital estate;
• The tax consequences to each party; and
• Any other factors deemed just and equitable by the court.

Out of all three types of alimony, this one is the least common.

Spousal Maintenance

Spousal maintenance is the most common type of support. It is usually awarded after a long marriage when there is a significant gap between each spouse’s earning ability or when one party is not in a position to find or maintain gainful employment.

Courts consider several factors when awarding spousal maintenance to a lower-earning spouse, including:

• The duration of the marriage;
• The age of the parties;
• Physical, mental, and emotional health of the parties;
• The marital standard of living;
• Each party’s relative income and earning ability;
• A party’s training and employment skills;
• A party’s work experience;
• Each spouse’s financial needs and resources;
• A party’s child custody and support obligations; 
• The tax consequences to each party; and
• Any other factors deemed just and equitable by the court.

Common Myths About Alimony

Alimony is shrouded in several myths and misconceptions. This section takes a close look at some of the most common fallacies and the actual facts behind each one. When you understand how the rules of alimony do and do not work, you can prepare for the best possible outcome for yourself and your family.

Myth: Alimony is Automatic

While alimony can be part of a divorce process, it is not automatically included, unlike child support. Whether or not it is awarded depends on a variety of factors, and if the judge decides that it is called for, how much you get depends on variables such as income, assets, standard of living, and contributions toward the marriage.

Myth: Only Men Pay Alimony

A surprising number of people assume that only husbands pay alimony, and only wives receive it. At one time that may have been the rule of thumb, but today alimony is based on which spouse is earning more, not their gender. 

Myth: You have a Right to Alimony

Alimony is different from child support in that there is no automatic right to receive it. While parents have a moral and legal obligation to support their children, a former spouse is a different story. The court takes several factors into account to determine if you qualify for alimony, and how much you receive (as well as for how long) will depend on your unique situation.

Is Alimony Permanent in Oregon?

With women having more education and work opportunities than they had years ago, permanent spousal support awards are exceedingly rare these days (although they can happen). Instead, most Washington County courts have modified the concept of permanent spousal support to allow the receiving spouse to become financially self-sufficient, at which point the temporary spousal support payments will stop. In some cases, this may mean long-term spousal support, while others only call for alimony to be paid for a matter of months.

The actual duration of alimony payments is determined by a Hillsboro family court judge after considering circumstances unique to the marriage, such as duration and each party’s age and earning ability. Your Hillsboro spousal support lawyer will strive for an outcome that meets your financial needs after a divorce.

Can I Stop Paying Alimony if My Ex Remarries?

In Oregon, unlike some states, the remarriage of a supported spouse does not automatically terminate alimony. To stop the spousal support payments, you must prove that your former spouse’s financial situation was substantially improved by the remarriage.

You can request a spousal support modification hearing if there is a substantial change in your (or your ex-spouse’s) financial circumstances that were not anticipated at the time the alimony award was made. Remarriage of the receiving spouse may motivate the court to reduce or even end the spousal support payments altogether. Speak to your Hillsboro divorce lawyer about pursuing this option if you learn that your former spouse intends to remarry.

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Do You Need a Hillsboro Spousal Support Lawyer?

If you are getting divorced and wondering how the alimony process works in Oregon, contact Harris Velázquez Gibbens. We will meet with you to discuss your specific situation and give you a reliable idea of what to expect so that your life after divorce can be reasonably anticipated from a financial perspective. As experienced Hillsboro divorce attorneys, we will also advocate for the outcome you need to rebuild your life after divorce and help you navigate spousal support issues that may arise later. To schedule a no-obligation consultation, call 503-610-4398 or contact us online.

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