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Manual > 10 - Mediating Support Issues > Spousal Support > Oregon Context

Oregon Context

(do not rely on as current statement of the law)

Under ORS 107.105(1)(d), the court is empowered to award spousal support as follows:

"For the support of a party, such amount of money for such period of time as may be just and equitable for the other party to contribute, such contribution to be in gross, in installments, or both, as the court may order. The court may approve, ratify and decree voluntary agreements providing for contribution to the support of a party. In making such support order, the court shall consider the following:

1. The length of the marriage;

2. The age and physical and mental health of the parties;

3. The contribution by one spouse to the education, training, and earning power of the other spouse;

4. The earning capacity of each party, including educational background, training employment skills and work experience;

5. The need for education, training, or retraining to enable a party to become employable at suitable work or to enable a party to pursue career objectives to become self-supporting at a standard of living not overly disproportionate to that enjoyed during the marriage to the extent that is possible;

6. The extent to which the present and future earning capacity of a party is impaired due to the party's extended absence from the job market to perform the role of homemaker, the extent to which suitable job opportunities are unavailable to a party considering the age of the party and the length of time reasonably anticipated for a party to obtain training or updating of career or job skills. In a case of a party's extended absence from the job market to perform the role of homemaker, where it is likely that the party will never substantially recover from the loss of economic position due to the extended absence, and where the other party has, during the marriage, achieved a substantially advantageous economic position through the joint efforts of the parties, the court may award the disadvantaged party support as compensation therefore, so that the standard of living for the disadvantaged party will not be overly disproportionate to that enjoyed during the marriage, to the extent that this is practicable;

7. The number, ages, health and conditions of dependents of the parties or either of them and provisions of the decree relating to custody of the children, including length of time child support obligations will be in effect;

8. The tax liabilities or benefits of each party and net spendable income available to each party after accounting for such liabilities and benefits, and the decree may state the court's findings relating to net spendable income of each party if such statement is requested by either party;

9. The amount of long-term financial obligation, including legal fees and costs;

10. Costs of health care to a party;

11. The standard of living established during the marriage;

12. Premiums paid for life insurance on the life of a party ordered to pay support; and

13. Such other matters as the court shall deem relevant in the particular case in order that each party shall have the opportunity to achieve an economic standard of living not overly disproportionate to that enjoyed during the marriage, to the extent that is possible."



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