Alimony and Spousal Support are two different terms than mean the same thing: money that one spouse pays to the other spouse every month on account of getting divorced. In an ideal world, everybody wants to get some spousal support. But in Oregon, spousal support is not something that comes as a right, and there are no hard and fast rules that determine who gets it and for how long. Despite some legislative efforts to define Oregon spousal support guidelines, none currently exist, which is why a dedicated spousal support attorney can help you get the support you need.
A good spousal support attorney, like Henry LeSueur, will analyze a number of factors to determine the amount of support you may receive.
To figure out if you might qualify to receive spousal support, consider that Oregon law allows for three different types of spousal support: Compensatory Spousal Support, Transitional Spousal Support, and Maintenance Spousal Support. Compensatory spousal support is support that is a kind “pay back” support. It compensates one spouse for all of the work he or she has put into the marriage that has helped the other spouse become more financially successful.
For instance, the housewife who stayed at home to raise the kids helped her husband get that vice president position by relieving him of the need to worry about the kids or the house, etc. The court recognizes that behind every good man is a good woman (or vice versa!), and the court can award that stay-at-home spouse a piece of that career that she helped her husband build. This is not something that you get awarded automatically, but an experienced spousal support attorney will help you prove your case. The amount and length of support depends on the length of the marriage and the amount of your contribution.
Transitional support is support to help one spouse transition from his or her married life to a single life of self-sufficiency. Oftentimes this support is awarded to help a stay-at-home spouse get some education and experience in the job market before severing all financial ties. This is a common type of support. If you are transitioning into or between careers while going through a divorce, it is smart to have a spousal support attorney advocate for spousal support to help you with this transition.
Finally, Maintenance support is typically reserved for lengthy (15+ years) marriages where one spouse significantly out-earns the other spouse. It also might apply where one spouse is older or in poorer health than the other spouse. The idea here is that the financial situation has been steady for so long that disrupting it would cause some serious harm to the spouse that has become accustomed to the lifestyle. A spousal support attorney, such as Henry LeSueur, can help you maintain a similar lifestyle to that enjoyed during marriage by securing a spousal support award in your favor.
Spousal support is tax-deductible to the person paying it, and it is taxable income to the person receiving spousal support. Moreover, spousal support attorneys can negotiate trading spousal support for real estate or other property. This allows certain tax benefits when done skillfully.
