Spousal Support
Spousal support in Oregon comes in three forms:
- Compensatory (when a spouse has significantly assisted the other in attaining the standard of living both enjoy)
- Transitional (often to assist a spouse in education or training to reach a higher pay grade for future income potential.)
- Maintenance (to assist in creating equity between a higher wage earner and a lower.)
These are vary brief descriptions. A wide variety of elements come into play to determine spousal support. Consulting an attorney to determine a range of spousal is very helpful in mediation for both parties.
Spousal support is one of the most controversial points in divorce. In mediation, the goal is for both parties to move forward in positive directions with sufficient financial resources. A spouse may feel she or he desires more support, but the actual financial resources can only allow a predetermined amount. Parties are supporting two households instead of one. Cash flow budgets become very important in determining spousal range of support. In the end, spousal support comes down to a figure of how much for how long. Support can be modified due to a substantial change of circumstance. Often, this is remarriage or significant change in financial resources.
Not all spouses will desire or seek support. Some couples have equally contributed to the marital resources over the course of the marriage. They have similar earnings or earning power and therefore usually do not seek or desire support.
In mediation, spousal support is usually the last item discussed. As mediators, we find it helpful to build a relationship with you both before working on what usually becomes the most difficult piece to find resolution. In more extreme situations, attorneys may be used with a mediator in a settlement conference to conclude any settlement plus child and spousal support issues.
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