Helping people with spousal support issues in Central and Eastern Oregon

Spousal support or "alimony" paid or received after a divorce is often a heavily negotiated matter. At Philips & Moore, LLP we have success in both the courtroom and negotiated settlements in matters of spousal support. We will help you determine the appropriate amount and duration of spousal support. Success in both proposals protects our clients' futures and encourages settlement.

Considerations in Spousal Support

There are two types of spousal support: temporary support and post-divorce support. Post-divorce is defined by three categories: transitional, compensatory, and maintenance support.

  • Temporary spousal support: Temporary support is paid after separation but before the divorce is finalized. In general, temporary spousal support is based on the need and ability to pay.
  • Post-divorce spousal support:¬†Support paid after a divorce is either (a) a specific length of time; or (b) in some cases indefinite. The court has wide discretion to determine the appropriate amount. The following factors are considered:
  • The length of the marriage
  • The standard of living established during the marriage
  • The needs of each party
  • Financial resources and liabilities of each party, including separate property
  • Each party's source(s) of income
  • The impact of the custodial parent's employment based on the needs of the minor children
  • The age and health of each spouse
  • Each spouse's ability to be self supporting
  • Tax consequences to each party
  • The contribution of each party to the education and training of the other party

Spousal support is generally taxable to the recipient and deductible to the paying spouse.

When cost-effective and appropriate, our attorneys will work with outside specialists to advocate for the most fair and just spousal support award for you. We may use accountants to determine the income available for support. When dealing with a spouse who is not employed or not earning at his/her capacity, we work with vocational specialists to determine the earning capacity of that spouse. Given the numerous factors affecting the amount of spousal support payable from one party to the other, it is important to receive thorough and sound legal advice.

Modifications to Spousal Support

To change court-ordered spousal support, one of the parties must request a formal modification of the original support order. The court may agree to modify support if there is a substantial change in circumstances of either party that affect the support owed, including:

  • A change in income for either party
  • Hardships suffered by either party
  • Retirement of either party
  • Changes in tax consequences
  • Cohabitation and remarriage