Spousal Support Modifications in Oregon

What is Spousal Support in Oregon?

In Oregon, spousal support is designed to provide financial assistance to a spouse following a divorce, although it can also be ordered on a temporary basis while a divorce is pending. The court may award any one or all of the three types of spousal support:

1. Transitional Support: Helps the supported spouse transition into the workforce by covering education or job training.
2. Compensatory Support: Compensates a spouse for significant contributions (financial or otherwise) made to the other spouse’s career or education during the marriage that significantly enhanced the spouse’s earning capacity.
3. Maintenance Support: Provides ongoing financial assistance to help maintain a standard of living comparable or “not overly disproportionate” to the lifestyle enjoyed during the marriage.

When Can You Modify Spousal Support in Oregon?

Oregon law allows spousal support to be modified when there has been a substantial change in circumstances. This is crucial because the courts do not grant modifications lightly. A substantial change in circumstances must have been unanticipated at the time the last judgment that included spousal support was entered, and significant enough to warrant a revision of the original support order. Examples of substantial changes may include:

• A significant increase or decrease in either spouse’s income
• Job loss or underemployment
• A serious medical condition or disability
• Retirement
• Remarriage or new financial responsibilities, such as having additional children

Steps to Modify Spousal Support

If you believe you qualify for a modification, the following steps outline the process:

1. Review the Original Support Order: Check if your divorce judgment or spousal support order has specific terms regarding modifications.
2. Duty to provide income tax information.  So long as a spousal support obligation exists, every two years a spouse may request the tax returns of the other spouse, but the requesting spouse must also then provide their tax returns to the other spouse.
3. Document the Change in Circumstances: Be prepared to show evidence of how your financial situation has changed significantly. Examples might include pay stubs, medical bills, or evidence of job loss.
4. File a Motion with the Court: A motion to modify spousal support must be filed in the same county where your divorce was finalized.
5. Attend a Court Hearing: After filing your motion, a hearing will be scheduled. Both parties will have the opportunity to present evidence and arguments.

Factors the Court Considers in Modifications

Oregon courts consider a variety of factors when deciding whether to modify spousal support, including:

• The needs of the receiving spouse
• The ability of the paying spouse to provide support
• Changes in income, employment, or health of either spouse
• Any new financial responsibilities of either party
• Whether the original support was transitional, compensatory, or maintenance-based

Can Spousal Support Be Terminated?

In certain situations, spousal support can be terminated entirely, but it is rare.  Speak with an attorney about your particular situation if you are seeking to terminate your support obligation.

Do You Need an Attorney for a Spousal Support Modification?

Navigating the legal process of spousal support modifications can be complex, especially when substantial financial interests are at stake. While it’s possible to file a motion without legal representation, having an experienced Oregon family law attorney by your side can significantly improve your chances of a favorable outcome. An attorney can help you gather the necessary documentation, represent your interests in court, and ensure you comply with all procedural requirements.

Conclusion

Life circumstances change, and Oregon law allows for adjustments to spousal support when those changes are substantial. Whether you are seeking to increase, decrease, or terminate spousal support, it is essential to understand the legal standards and processes involved. If you have questions about modifying your spousal support order, contact our office to discuss your options.