Legal Question in Family Law in Oregon

Re: divorce

ANSWWERS:

Yee, after a 34 year marriage, and under the circumstances you have described, you will most likely be granted indefinate spousal support ("spousal maintenance" under Oregon law).

As for property division, ORS 107.105 says:

"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." So upon dissolution of the marriage, the presumption is that each party is entitled to 1/2 of the "marital estate."

Also, Oregon law, ORS 107.105, says that "The court shall consider the contribution of a spouse as a homemaker as a contribution to the acquisition of marital assets."

Further, "A retirement plan or pension or an interest therein shall be considered as property.* And this applies even though the retirement interest is in the name of only one spouse. For purposes of Oregon divorce law, the retirement interest is deemed as being jointly owned and jointly acquired, and the divorce court has the power, authorized by federal law, to award to you a share of your husband's retirement/pension interests and to direct the plan administrator to make payment thereof directly to you (so you don't have to depend on your former spouse to make the payment; rather, you get it from the source).

For a 401(k) plan, you will be able to take your share following the divorce and roll it over into an IRA account in your own name. For a define benefit type of pension plan, you will be able to commence receipt of your share of the benefit upon his attaining earliest retirement age under the terms of the plan (and this is true even if he continues to work after reaching that age).

Oregon is a no-fault state when it comes to divorce. The fact that your husband committed adultery and may be a total scumbag is not a relevant factor in the divorce process, nor does it entitle you to anything more that would have otherwise been the case.

The main purpose for spousal support in your case is to allow you to maintain a standard of living that is not overly disproportionate to that which was established and enjoyed during the marriage and that presumably would have continued but for the dissolution of the marriage. This does not mean equalizing the incomes, for the law recognizes that there will still be some degree of financial disparity. Ultimately, each case must be resolved on its own specific and particular facts.

Before going any further, you would be well advised to consult with an experienced family law lawyer.

Suggest you confer with Portland attorney IRA L. GOTTLIEB. His number is 503.224.7563. Mr. Gottlieb is one of the finest lawyers in Oregon and will most certainly protect your legal and financial interests.

I wish you all the best.