Oregon Alimony FAQ's

What is alimony?
Court-ordered spousal support. "Alimony" is the outdated term.

How is the amount of spousal support calculated?
Judges look at the following factors, among others, to decide spousal support:

• The length of the marriage
• Age and health (both physical and mental) of the parties
• Contribution by one spouse to the education, training and earning power of the other spouse
• Earning capacity of each party
• Need for training or education to enable a party to become employable; and
• Other financial and/or tax considerations.

Where can I find these factors?
Look at Oregon Revised Statutes (ORS) Chapter 107.

Are there any guidelines like judges use in child support cases?
No.

Can alimony be paid in addition to child support?
Yes, but for most "short marriages" and middle income families, there isn't enough money for alimony after payment of child support.

Why would I want to pay (or receive) spousal support, in addition to child support?
Sometimes, if the non-custodial parent is a "high earner" and the custodial parent earns little or no money, part of child support is allocated to alimony.

Why?
To maximize family resources by reducing the federal income tax burden. Alimony is deductible (at a high rate in the case of a "high earner") and included in the taxable income of the custodial parent (the low earner).

How does this provide more money for the custodial parent?
The non-custodial parent can afford to pay more and still save money on taxes.

I have heard cases of "lifetime" alimony. Under what circumstances would a court award lifetime alimony?
They often award it in cases of "long-term" marriage.

What do you mean "long-term?"
In Oregon, this usually means 20 years or more.

What about men? Can they seek alimony?
Yes, the statute is gender neutral.

What are the odds of a man getting alimony?
What are the odds of winning Oregon video poker?

But you said the statute was gender neutral, how can this be?
Like all areas of law, local custom and practice dictate actual results. In rare cases, where a man is extremely needy and the woman is extremely wealthy, you might see a modest alimony award.

My original divorce judge did not provide for alimony. Now I really need it. What can I do?
Too bad. In Oregon, if spousal support is not awarded at the time of the divorce, it is not possible to file for modification to try to add it later.

My "ex" threatens to file for bankruptcy. What happens to my payments?
Your "ex" still owes alimony, which is not a dischargeable obligation in the bankruptcy court.

What if my "ex" is delinquent in alimony payments. What do I do?
File a motion with an order to show cause for contempt of court, and ask for a wage withholding order, tax refund intercept or other enforcement action.

That sounds complicated, and I can't afford a lawyer. Will a state agency collect my back alimony?
Yes, you may contact your local District Attorney's office for help (but remember, the DA does not represent you or your ex). You may still want to have your own lawyer (if you have your own lawyer, sometimes the court can award attorneys fees).

In Portland (Multnomah County), contact Michael D. Schrunk, District Attorney for Multnomah County, Support Enforcement Division. For other counties, check with the Oregon Dept. of Justice, Support Enforcement Division, or call their information number in Salem, Oregon, (503) 986-6090.