Legal Question in Family Law in Oregon

Re: allimony

QUESTION:

why she still get share of 50/50?

ANSWER:

Because that is what the law of Oregon provides. ORS 107.105(1)(f): "There is a rebuttable presumption that both spouses have contributed equally to the acquisition of property during the marriage, whether such property is jointly or separately held."

QUESTION:

would she qualify for alimony from me?

ANSWER:

Yes, if the court determines that it wold be "just and equitable" for you to do so. ORS 107.105(1)(d) says the judge should take into consideration the following factors:

(i) The duration of the marriage;

(ii) The age of the parties;

(iii) The health of the parties, including their physical, mental and emotional condition;

(iv) The standard of living established during the marriage;

(v) The relative income and earning capacity of the parties, recognizing that the wage earner�s continuing income may be a basis for support distinct from the income that the supported spouse may receive from the distribution of marital property;

(vi) A party�s training and employment skills;

(vii) A party�s work experience;

(viii) The financial needs and resources of each party;

(ix) The tax consequences to each party;

(x) A party�s custodial and child support responsibilities; and

(xi) Any other factors the court deems just and equitable.

And with consideration being given to all of those factors, the judge could order alimony (spousal support) if it appears that there is a need for such support.

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