Alimony/Spousal Support Attorneys in Bend, Oregon
Divorce can be a difficult process. One of the most complicated aspects of divorce proceedings is spousal support, often referred to as alimony. If you’re facing a divorce in Oregon, make sure you understand your rights regarding spousal support so that you can establish what’s fair under state law.
An experienced spousal support attorney can provide guidance throughout this process and ensure that you receive what you deserve under state law. Contact our knowledgeable attorneys at Haskett Williams Monaghan Attorneys at Law to get the quality legal representation you require in your particular case. From our office in Bend, Oregon, we provide legal counsel to clients in surrounding areas, including Sunriver, Redmond, Sisters, Madras, and Prineville.
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Overview of Alimony/Spousal Support in Oregon
Spousal support, also commonly known as alimony, involves court-ordered payments from one spouse to another. This payment helps the lower-earning spouse maintain their standard of living following the divorce. Spousal support payments are separate from child support payments, which are payments made by one parent to another for the care of their children.
In Oregon, there are four types of spousal support:
Temporary support is meant to provide financial assistance while the divorce is ongoing and before it has been finalized;
Transitional spousal support helps provide financial assistance during any transitional period after the divorce has been finalized, allowing the lower-earning spouse to get the necessary education or training in order to reenter the workforce;
Compensatory spousal support covers losses, both monetary losses and loss of opportunities, that may have occurred due to a spouse’s contribution to their partner’s career or educational pursuits during the marriage (this type of alimony may also be awarded if doing so would be deemed “fair” under the circumstances of the case); and
Spousal maintenance can be used when one partner cannot financially provide for themselves post-divorce without help from their former partner (this type of alimony is usually awarded after long-term marriages).
If you are not sure which type of spousal support applies to your particular case, consult with a skilled attorney for guidance.
Who Is Entitled to Alimony/Spousal Support?
The party who needs financial help after a divorce in order to maintain their standard of living can request alimony from their former spouse if they meet certain criteria set out by state law. The requesting party must have been economically dependent on their former partner while they were married and must prove that they need additional funds post-divorce in order to maintain their current standard of living (or a reasonable approximation).
In order to file for spousal support in Oregon, you must start by petitioning for dissolution—or divorce—in your county circuit court. Once your petition is accepted by the court, either party can request spousal support as part of their requested relief.
Determination of Type, Amount, and Duration
The amount and duration of the spousal support award will depend on several factors, including but not limited to:
The length of the marriage
Earning potentials between each party
The tax consequences of awarding alimony to either spouse
Each party’s financial needs and resources
The allocation of other assets and debts in the divorce judgment
Contributions made by either party related to education or employment opportunities
Contributions made by either party related to caregiving responsibilities
Mental and physical health considerations
The court will assess all of these factors when making its decision about the type, amount, and duration of an alimony award. Consider speaking with an experienced alimony attorney to help you assess all of the factors that could be considered in your case.
Spousal support ends when either party dies or if either party goes back to court and requests that it be modified or terminated due to changing circumstances such as remarriage, cohabitation, job loss, significant medical expenses, etc. However, this depends on individual cases as well as what was agreed upon in writing between the parties.
Making Changes to the Current Alimony/Spousal Support Agreement
If you already have an existing spousal support agreement in place and want to make modifications due to changing circumstances—such as job losses or changes in living situations—you can ask the court to modify your current agreement. Before making any modifications, though, it’s best practice to consult with an experienced alimony attorney who can help you navigate the legal process and ensure that your rights are protected.
How Can an Attorney Help?
A spousal support attorney can provide invaluable assistance if you’re considering filing for alimony or need help making modifications to your current agreement. A skilled attorney will be able to offer advice on what type of award may be granted under Oregon law and advise you on whether requesting modification is a viable option based on your individual circumstances. They will also be able to represent you in court if necessary and provide strategic and dependable guidance every step of the way.
Alimony/Spousal Support Attorneys Serving Bend, Oregon
Spousal support can be a complex issue, but understanding how it works in Oregon will help you make informed decisions that work best for you and your family during your divorce proceedings. Contact Haskett Williams Monaghan Attorneys at Law to speak with our alimony/spousal support attorneys in Bend, Oregon, and get personalized guidance tailored specifically to your needs. Get in touch today to request a case evaluation.