Calculating Spousal Support in Oregon

It is often difficult to predict spousal support amount and duration in an Oregon divorce case.  While child support tends to closely follow the Oregon Child Support Guidelines, there is no set formula for spousal support in Oregon.  Recently, however, I discussed the spousal support issue with a local judge, who referred to spousal support calculators used in other jurisdictions to give opposing counsel and I some parameters on how he might rule in our case.  Here are some links to online spousal support calculators used in jurisdictions outside of Oregon:

  1. Massachusetts alimony calculator
  2. Maricopa County, Arizona alimony calculator
  3. Fairfax County, Virginia spousal support formula

While Oregon judges are of course free to not follow the formulas set forth above, the formulas may nonetheless be a good starting point for determining a range of appropriate values in an Oregon divorce case.

 

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9 thoughts on “Calculating Spousal Support in Oregon

  1. David

    In regards to Oregon, what has been the past presidence, for the payor who has custody of the children, in having to pay spousal support? It would seem that the standard of living for the children would over rule the standard of living for the estranged spouse??

    Reply
    1. grantrburton Post author

      In my experience, courts will sometimes order a higher-earning custodial parent to pay spousal support. However, the spousal support award could be partially offset by zeroing out the noncustodial parent’s child support obligation. You are correct that judges do seem to consider the impact of spousal support on children in such a situation. Thanks for the comment!

      Reply
  2. Ryan Lambert

    I am trying to find information on spousal support in regards to 6 year marriage where both parties worked. My spouse actually has made 3.5 times of money but quit work to take care of the kids for 1.5 then separation. All the calculations seem like they don’t help any other areas for advise? Thank you

    Reply
  3. jason

    I am a male fighting for rights and i am the stay at home mom and have no income and she left me and 2 kids we have been maried for 9.5 years should i be able to get alimony i havent worked for 5 years

    Reply
  4. Kyle Renville

    I am tying to get an idea of how much I will have to pay in alimony on top of child support. I have been married for almost five years now and had only one child during the marriage. My spouse doesn’t work do to health reasons which I have supported my spouse in getting help with throughout the marriage. Now my spouse is just a stay at home parent and has no source of income. I meanwhile am living on my own living a somewhat middle class life still supporting my spouse and child on top of working and being in the military. Do you have any suggestions? My spouse claims to have found that alimony can be anywhere from 30% to 50% of my gross income. Is that true?

    Reply
    1. grantrburton Post author

      Spousal support is complicated, as there are not clear standards the court must follow. However, as a very general rule, I have usually seen courts order 20-30% of the difference in the parties’ incomes, for half the length of the parties’ marriage. Usually, the court will impute at least minimum wage income to each spouse in making that calculation.

      Reply
  5. julie

    Do you find that it is typical to use the student loan debt of the payor as a factor in determining what the recipient would receive in spousal support?

    Reply
    1. grantrburton Post author

      I have not seen student loan debt be an important factor in calculating spousal support in Oregon. However, a party’s obligation to pay student loan debt should be considered by the court under the “financial needs and resources of each party” prong set forth in . Thanks for commenting!

      Reply
  6. Zack

    My wife & I have been married for 18 years. Last year I earned around 50k. She is disabled & recieved approx 15k. We also share legal custody of a 4 year old grandchild. How bad is this gonna hurt?
    Am I responsible for child support in this situation?

    Reply

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