Start with Or. Rev. Stat. § 107.105. In Oregon, Oregon calls it spousal support. Discretionary categories—transitional, compensatory, and maintenance support—with statutory factors for each. No percentage formula. Forms include Transitional, compensatory (career contribution), and spousal maintenance support.. That is the question this guide answers for spousal support. Duration: Transitional support is short-term; maintenance support duration depends on marriage length and need. Termination: Death, remarriage (often for maintenance), or a set end date; further order of the court.
What spousal support is (and is not)
Spousal support is court-ordered support from one spouse to the other after separation or divorce. It is separate from child support (see Or. Rev. Stat. §§ 25.275–25.280; Oregon Child Support Guidelines (OAR)) and from property division. A single judgment may include all three, but each has its own legal tests.
No spouse is automatically entitled to spousal support. Courts typically ask whether one party has a genuine need and whether the other has the ability to pay, then apply Oregon's statutory framework.
Eligibility and statutory factors
Discretionary categories—transitional, compensatory, and maintenance support—with statutory factors for each. No percentage formula.
Fault. Fault is generally not a factor in Oregon support determinations.
Document income, earning capacity, health, length of marriage, contributions as homemaker or to the other spouse's career, and the marital standard of living. Those facts drive both temporary (pendente lite) and final awards.
How the Oregon rule applies
Apply the Oregon authorities in order. The facts are simplified so the statute and the standard are visible.
One spouse asks a Oregon court for spousal support after a divorce filing.
- Use the label and statute Oregon actually uses: spousal support under Or. Rev. Stat. § 107.105.
- There is no formula. Apply the statutory factors: Discretionary categories—transitional, compensatory, and maintenance support—with statutory factors for each. No percentage formula.
- Set duration from Oregon rules: Transitional support is short-term; maintenance support duration depends on marriage length and need.
- Identify what ends the award: Death, remarriage (often for maintenance), or a set end date; further order of the court.
Maintenance support can be long-term after lengthy marriages but is typically modifiable rather than truly permanent. Fault: Fault is generally not a factor in Oregon support determinations. Federal TCJA rules apply post-2018; Oregon generally conforms for state tax.
Types of spousal support in Oregon
Transitional, compensatory (career contribution), and spousal maintenance support.
Labeling matters. Rehabilitative awards usually require a plan (schooling, retraining, re-entry to the workforce). Durational or term awards run for a fixed period. Lump-sum or reimbursement awards may be non-modifiable depending on the judgment language and statute.
How amount is set
Oregon does not use a statewide calculator for final spousal support. Judges weigh the statutory factors and the record. Online “alimony calculators” are at best rough illustrations and are not controlling.
Temporary support while a divorce is pending often follows different local practices or guidelines than the final award. Confirm what your county or division actually uses.
How long spousal support lasts
Transitional support is short-term; maintenance support duration depends on marriage length and need.
Permanent / indefinite support. Maintenance support can be long-term after lengthy marriages but is typically modifiable rather than truly permanent.
When spousal support ends or can be changed
Death, remarriage (often for maintenance), or a set end date; further order of the court.
Either party may usually seek modification upon a substantial change in circumstances unless the award was expressly made non-modifiable. Retirement, disability, remarriage, cohabitation, and large income swings are frequent triggers — but the statutory test and burden of proof are Oregon-specific.
Taxes
Federal TCJA rules apply post-2018; Oregon generally conforms for state tax.
Child support remains non-deductible and non-taxable. Do not assume spousal support treatment mirrors child support.
Case law: how Oregon courts decide spousal support
These LawDiver opinions illustrate how Oregon appellate courts discuss need, ability to pay, duration, and related issues:
In the Matter of the Dissolution of the Marriage of GROVE, Respondent, and GROVE, Petitioner
…rmination upon proper application to the court. See Annot., Alimony as Affected by Wife’s Remarriage, In Absence of Controlling Specific Statute, 48 ALR2d 270 (1956). We have consistently taken the latter position. Nelson v. Nelson, 181 Or 494, 499, 182 P2d 416 (1947); Phy v. Phy, 116 Or 31, 36, 236 P 751, 240 P 237 (1925); Brandt v. Brandt, 40 Or 477, 487, 67 P 508 (1902). Alt…
Practitioners open In the Matter of the Dissolution of the Marriage of GROVE, Respondent, and GROVE, Petitioner when Oregon spousal support turns on the distinction in this sentence: "See Annot., Alimony as Affected by Wife’s Remarriage, In Absence of Controlling Specific Statute, 48 ALR2d 270 (1956). We have consistently taken the latter position. Nelson v. Nelson, 181 Or 494, 499, 182 P2d 416 (1947); Phy v." Do not lift it out of the facts the court was deciding.
In the Matter of the Dissolution of the Marriage of KITSON, Appellant, and KITSON, Respondent
…ather common to limit the duration of an award of permanent alimony to a definite period, such as a period of one year or a period of 2 years, the award being designed to support the wife while she is seeking employment. Especially is this the practice where a marriage has lasted only a short time and the wife worked before her marriage; the trial court should award alimony onl…
Oregon opinions such as In the Matter of the Dissolution of the Marriage of KITSON, Appellant, and KITSON, Respondent are cited where spousal support is disputed. The court stated: "ather common to limit the duration of an award of permanent alimony to a definite period, such as a period of one year or a period of 2 years, the award being designed to support the wife while she is seeking employment. Especially is this the practice where a marriage has lasted" That is the language to brief; the rest of the decision supplies the procedural posture.
In the Matter of the Marriage of McDONNAL, Petitioner on Review, and McDONNAL, Respondent on Review
…ng two years. The decree further provided: “ ‘The matter of alimony may be reviewed by the court at the expiration of three years, that is after February 25, 1980, upon motion filed prior to the expiration of three years, that is prior to February 25, 1980.’ “Wife did not appeal the provision of the decree awarding her temporary support. “On December 3, 1979, wife’s neurologist…
Oregon opinions such as In the Matter of the Marriage of McDONNAL, Petitioner on Review, and McDONNAL, Respondent on Review are cited where spousal support is disputed. The court stated: "The decree further provided: “ ‘The matter of alimony may be reviewed by the court at the expiration of three years, that is after February 25, 1980, upon motion filed prior to the expiration of three years, that is prior to February 25, 1980." That is the language to brief; the rest of the decision supplies the procedural posture.
In the Matter of the Marriage of ROGERS, Respondent, and ROGERS, Appellant
In the Matter of the Marriage of ROGERS, Respondent, and ROGERS, Appellant, 45 Or. App. 885 (1980)
…bility of retirement benefits was relevant to the amount of alimony paid, especially where the marriage was of long duration. Because each of these cases turns on its own facts, none provides a definitive rule to guide our treatment of the facts before us. Due to the paucity of case law on the subject in this state, we have examined the case law of other jurisdictions for guida…
In the Matter of the Marriage of ROGERS, Respondent, and ROGERS, Appellant is worth reading on Oregon spousal support because the court put the point in its own words: "Because each of these cases turns on its own facts, none provides a definitive rule to guide our treatment of the facts before us." Use that passage as the starting point, then read the facts that precede it.
In the Matter of the Marriage of EDWARDS, Appellant - Cross-Respondent, and EDWARDS, Respondent - Cross-Appellant
…settlement agreement, which in relevant part provided: “1. ALIMONY. Husband shall pay to wife as a contribution to her support and as permanent alimony the sum of $325.00 per month commencing on the 5th day of the calendar month next following the entry of the domestic relations decree and continuing on the 5th day of each succeeding calendar month thereafter. Alimony will ter…
In the Matter of the Marriage of EDWARDS, Appellant - Cross-Respondent, and EDWARDS, Respondent - Cross-Appellant is worth reading on Oregon spousal support because the court put the point in its own words: "ALIMONY. Husband shall pay to wife as a contribution to her support and as permanent alimony the sum of $325." Use that passage as the starting point, then read the facts that precede it.
In the Matter of the Marriage of VINSON, Appellant, and VINSON, Respondent
In the Matter of the Marriage of VINSON, Appellant, and VINSON, Respondent, 83 Or. App. 487 (1987)
…e pays from his income on his federal income tax return as “alimony paid,” rather than just the amount paid as spousal support, and thereby enables him to realize a substantial tax saving. See Lester v. Commissioner, 366 US 299, 81 S Ct 1343, 6 L Ed 2d 306 (1961). Wife contends that the derivative effect is that she must declare the entire amount of support received as income a…
Practitioners open In the Matter of the Marriage of VINSON, Appellant, and VINSON, Respondent when Oregon spousal support turns on the distinction in this sentence: "See Lester v. Commissioner, 366 US 299, 81 S Ct 1343, 6 L Ed 2d 306 (1961)." Do not lift it out of the facts the court was deciding.
In the Matter of the Marriage of BARRON, - and BARRON
In the Matter of the Marriage of BARRON, - and BARRON, 85 Or. App. 278 (1987)
…— that stress will be gone, too, hopefully by the time the alimony terminates. So I have let that cat out of the bag that it is going to be temporary in nature, and for one year Mr. Barron will be required to pay the Petitioner $500; for one year he will then be required to pay her $400, and then one year he will be required to pay her $300, and I really think by that time, ba…
Oregon opinions such as In the Matter of the Marriage of BARRON, - and BARRON are cited where spousal support is disputed. The court stated: "So I have let that cat out of the bag that it is going to be temporary in nature, and for one year Mr." That is the language to brief; the rest of the decision supplies the procedural posture.
In the Matter of the Marriage of ASH, and ASH
In the Matter of the Marriage of ASH, and ASH, 61 Or. App. 595 (1983)
…nthly payments, $250 of which was characterized as periodic alimony and $200 as a property division payment. We concluded that the designation of a portion of the award as alimony was for tax purposes and was not based on the needs of the recipient spouse. We held that the entire $450 payment was in the nature of a property division payment and not subject to modification. Spec…
Oregon opinions such as In the Matter of the Marriage of ASH, and ASH are cited where spousal support is disputed. The court stated: "We concluded that the designation of a portion of the award as alimony was for tax purposes and was not based on the needs of the recipient spouse. We held that the entire $450 payment was in the nature of a property division payment and not subject to modification." That is the language to brief; the rest of the decision supplies the procedural posture.
Practical checklist
- Identify the correct statutory label (spousal support) and controlling section (Or. Rev. Stat. § 107.105).
- Assemble income, budget, and health evidence for both spouses.
- For rehabilitative requests, prepare a concrete plan and timeline.
- Address fault only if Oregon law makes it relevant to eligibility or amount.
- Search LawDiver for recent Oregon decisions before mediation.
- Cross-check child support interactions via the Oregon child support guide.
Key takeaways
- Oregon uses the term spousal support under Or. Rev. Stat. § 107.105.
- Amount and duration are largely discretionary, guided by statutory factors. Discretionary categories—transitional, compensatory, and maintenance support—with statutory factors for each. No percentage formula.
- Common forms include: Transitional, compensatory (career contribution), and spousal maintenance support.
- Duration framework: Transitional support is short-term; maintenance support duration depends on marriage length and need.
- Permanent / indefinite support: Maintenance support can be long-term after lengthy marriages but is typically modifiable rather than truly permanent.
- Companion child-support guide: Oregon child support guidelines.
Frequently asked questions
Does Oregon still award permanent spousal support?
Maintenance support can be long-term after lengthy marriages but is typically modifiable rather than truly permanent.
How is spousal support calculated in Oregon?
Oregon leaves amount largely to judicial discretion under Or. Rev. Stat. § 107.105, guided by statutory factors rather than a mandatory statewide calculator.
How long do I have to be married to receive spousal support?
Transitional support is short-term; maintenance support duration depends on marriage length and need. Short marriages rarely produce long-term awards; longer marriages support broader remedies where the statute allows.
Does remarriage or cohabitation end spousal support?
Death, remarriage (often for maintenance), or a set end date; further order of the court.
Is spousal support taxable?
Federal TCJA rules apply post-2018; Oregon generally conforms for state tax.
Where can I read Oregon spousal support opinions?
Open the cases linked above or search LawDiver scoped to Oregon. For support of children, see the Oregon child support guidelines guide.
Disclaimer
This article provides general information about Oregon spousal support and is not legal advice. Confirm the current text of Or. Rev. Stat. § 107.105 and consult a licensed Oregon family-law attorney before acting on any rule described here.