Oregon determines spousal support through a multi-factor statutory analysis under ORS 107.105(1)(d). Understand how the court evaluates eligibility, amount, and duration in your case.
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Spousal support in Oregon is determined by a statutory multi-factor analysis under ORS 107.105(1)(d). The court weighs the following factors to arrive at a fair support amount and duration. Unlike the temporary formula, there is no mathematical calculation for permanent support — it is a discretionary determination by the judge based on the totality of the circumstances.
The types of spousal support available in Oregon include: Transitional (bridge to self-sufficiency), Compensatory (reimburse contribution to career/education, generally NOT modifiable), Spousal maintenance (ongoing, when spouse cannot meet reasonable needs). The type ordered depends on the length of the marriage, each spouse's financial situation, and the supported spouse's ability to become self-supporting.
Primary statute: ORS 107.105(1)(d)
The court considers these 11 statutory factors when determining the amount and duration of spousal support:
Duration of the marriage
Age and health of the parties
Standard of living during the marriage
Relative income and earning capacity
Training, employment skills, and work experience
Financial needs and resources of each party
Tax consequences
Custodial responsibilities for children
Retirement benefits
Contribution to the other spouse's education or career
Other just and equitable factors
No formula. Informal "one-third rule": approximately 25–33% of income difference (NOT law). Entirely discretionary.
Duration is one of the most heavily litigated aspects of spousal support. The length of the marriage is the single most important factor in most cases, but the court also considers the supported spouse's age, health, job skills, and the time needed to acquire education or training for appropriate employment.
3 distinct spousal support types: transitional, compensatory, and maintenance.
Compensatory support is generally NOT modifiable — unlike most support types.
Cohabitation creates rebuttable presumption of decreased need (ORS 107.136).
Pure no-fault: fault is irrelevant to all aspects of the divorce.
Find out if you qualify, how much you might receive (or pay), and for how long.
Residency Requirement
6 months residency (ORS 107.075)
Mandatory Waiting Period
No mandatory waiting period
No-Fault Ground
Irreconcilable differences (pure no-fault — ORS 107.025)
State Income Tax
Progressive 4.75–9.9% (among the highest in the US)
Oregon does not use a fixed formula for spousal support. Instead, courts apply a multi-factor analysis under ORS 107.105(1)(d) to determine the amount and duration based on the specific circumstances of each case.
Oregon recognizes the following types of spousal support: Transitional (bridge to self-sufficiency), Compensatory (reimburse contribution to career/education, generally NOT modifiable), Spousal maintenance (ongoing, when spouse cannot meet reasonable needs). The type awarded depends on the length of the marriage, the financial needs of the requesting spouse, and the ability of the other spouse to pay.
No formula. Informal "one-third rule": approximately 25–33% of income difference (NOT law). Entirely discretionary.
Yes. Spousal support orders in Oregon can generally be modified if there is a material change in circumstances, such as a significant change in either party's income, retirement, cohabitation of the supported spouse, or other qualifying events as defined by statute.
Get a personalized spousal support analysis based on Oregon's actual statutory framework.
Start My Free OregonEstimate →This tool provides educational estimates based on Oregon family law and does not constitute legal advice. Spousal support calculations are estimates and may differ from court-ordered amounts. Consult a licensed Oregon family law attorney before making decisions. Primary statute: ORS 107.105(1)(d).