Alimony (spousal support) in Oregon is designed to help a lower-earning spouse maintain a reasonable standard of living after divorce. This comprehensive guide covers the types of alimony available in Oregon, how courts calculate amounts, duration guidelines, modification rules, and the impact of remarriage, cohabitation, and retirement on support obligations. Understanding Oregon’s alimony laws helps both paying and receiving spouses plan their financial futures.
Verified against Oregon family law statutes as of May 2026.
In This Oregon Alimony Guide:
Types of Alimony in Oregon
Oregon courts may award the following types of alimony:
- Oregon recognizes three types of spousal support under ORS 107.105(1)(d): (1) Transitional spousal support — helps a spouse obtain education or training to prepare for reentry into the job market or advancement; has a defined end date. (2) Compensatory spousal support — reimburses a spouse who made a significant financial or other contribution to the other spouse’s education
- training
- vocational skills
- career
- or earning capacity; may be lump-sum or fixed-term. (3) Spousal maintenance — a contribution by one spouse to the support of the other for either a specified or indefinite period; intended to allow both parties to maintain a standard of living reasonably comparable to what was established during the marriage. Oregon does NOT recognize bridge-the-gap or durational as separate categories.
How Oregon Calculates Alimony
Oregon does not have a fixed formula for calculating alimony. Courts use judicial discretion, weighing multiple factors to determine a fair amount and duration.
Oregon courts consider these factors when determining alimony:
- Factors vary by type of support. TRANSITIONAL SUPPORT factors under ORS 107.105(1)(d)(A): (i) Duration of the marriage; (ii) A party’s training and employment skills; (iii) A party’s work experience; (iv) Financial needs and resources of each party; (v) Tax consequences to each party; (vi) A party’s custodial and child support responsibilities; (vii) Any other factors the court deems just and equitable. COMPENSATORY SUPPORT factors under ORS 107.105(1)(d)(B): (i) Amount
- duration
- and nature of the contribution; (ii) Duration of the marriage; (iii) Relative earning capacity of the parties; (iv) The extent to which the marital estate has already been divided to reflect the contribution; (v) Tax consequences to each party; (vi) Any other factors the court deems just and equitable. SPOUSAL MAINTENANCE factors under ORS 107.105(1)(d)(C): (i) Duration of the marriage; (ii) Age of the parties; (iii) Health of the parties (physical
- mental
- and emotional condition); (iv) Standard of living established during the marriage; (v) 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 property distribution; (vi) A party’s training and employment skills; (vii) A party’s work experience; (viii) Financial needs and resources of each party; (ix) Tax consequences to each party; (x) A party’s custodial and child support responsibilities; (xi) Any other factors the court deems just and equitable.
Income disparity: YES. While Oregon does not use the exact phrase “income disparity required,” the statutory factors for spousal maintenance under ORS 107.105(1)(d)(C) include “relative income and earning capacity of the parties” and “financial needs and resources of each party.” In practice, a demonstrated financial need and an income gap between the spouses is effectively required for a maintenance award. The statute specifically recognizes 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.”
Vocational evaluation: YES. Oregon courts use vocational evaluations to assess the earning capacity of a spouse in spousal support cases. A vocational expert evaluates a party’s education, training, work history, skills, physical and mental health, and the local job market to determine their realistic earning potential. Courts may impute income to a spouse who is voluntarily underemployed or unemployed based on qualifications and job market conditions. Vocational evaluations are particularly important in cases where a spouse has been out of the workforce, claims inability to work, or where the court needs an objective assessment of future earning capacity to set appropriate support levels.
Oregon Alimony Duration Guidelines
Oregon has NO statutory duration guidelines or formula. Duration is left to judicial discretion based on the type of support and the individual circumstances. In practice: transitional support typically lasts 2 to 5 years (tied to education or retraining timeline); compensatory support may be lump-sum or a fixed period tied to the contribution being reimbursed; maintenance support duration is heavily influenced by length of marriage — shorter marriages generally receive shorter-term support, while long-term marriages (20+ years) may receive indefinite maintenance. A commonly referenced informal guideline (not statutory) is roughly 1 year of support for every 3 years of marriage, but judges are not bound by this.
| Marriage Length | Typical Alimony Duration |
|---|---|
| Short-term (under Oregon has no statutory definition of a short marriage. In practice, marriages under 10 years are generally considered shorter-term and are less likely to result in long-duration maintenance support. Support in shorter marriages is more commonly transitional rather than indefinite maintenance.) | Rehabilitative or bridge-the-gap; limited duration |
| Moderate-term | Durational alimony; set period based on marriage length |
| Long-term (Oregon has no statutory threshold defining a long-term marriage. In practice, marriages of 20 or more years are strongly considered for indefinite (permanent) spousal maintenance, particularly when there is a significant earning capacity gap or when a spouse has been out of the workforce for most of the marriage. Marriages of 10-20 years fall in a middle range with wide judicial discretion.+) | May qualify for permanent or indefinite alimony |
Permanent alimony: YES. Oregon allows indefinite spousal maintenance under ORS 107.105(1)(d)(C), which provides for maintenance “for either a specified or an indefinite period.” Indefinite maintenance is most commonly awarded in long-term marriages (20+ years) where the receiving spouse has limited earning capacity due to age, health, or extended absence from the workforce. There is no statutory cap on duration.
Modifying & Terminating Oregon Alimony
Modification: YES. Spousal support can be modified under ORS 107.135. The standard differs by type: For TRANSITIONAL and MAINTENANCE support, the requesting party must demonstrate a “substantial change in economic circumstances” that was not anticipated at the time of the original order. This may include job loss, significant income changes, retirement, disability, or unexpected financial hardship. For COMPENSATORY support, a much stricter standard applies: modification requires showing an “involuntary, extraordinary, and unanticipated change in circumstances” that reduces the paying spouse’s earning capacity. This three-part test is intentionally difficult to meet, as compensatory support represents reimbursement for specific contributions. Modifications are limited to the amount necessary to adjust to the unanticipated change.
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Cohabitation: Cohabitation of the receiving spouse does NOT automatically terminate or modify spousal support in Oregon. However, cohabitation may serve as a basis for a modification petition if the cohabitation has resulted in a substantial change in the receiving spouse’s economic circumstances (e.g., shared living expenses reducing financial need). The paying spouse must demonstrate that the cohabitation has materially improved the supported spouse’s financial situation. The court will examine the actual financial impact rather than the mere fact of cohabitation.
Remarriage: Remarriage does NOT automatically terminate spousal support in Oregon. This is a distinctive feature of Oregon law compared to most other states. The Oregon Supreme Court has held that spousal support orders may not provide for automatic termination upon remarriage unless there is a good reason supported by evidence, or unless the parties agreed otherwise in a prenuptial agreement or divorce settlement. However, remarriage of the receiving spouse may constitute a substantial change in economic circumstances that justifies a modification or termination petition. The court will evaluate how the new marriage affects the receiving spouse’s actual financial situation and consider the original purpose of the support award.
Retirement: Retirement of the paying spouse may constitute a substantial change in economic circumstances sufficient to petition for modification of spousal support under ORS 107.135. Courts will consider: whether the retirement was voluntary or involuntary; the age of the retiring spouse and whether retirement is reasonable; the amount of Social Security benefits the receiving spouse is entitled to; retirement or pension funds available to either party; whether early retirement reduced benefits; and the overall financial impact on both parties. A vocational evaluation may be ordered if the retired spouse seeks support, to determine remaining earning potential, especially if the retirement is not medically necessary.
Tax Implications of Oregon Alimony
Under the Tax Cuts and Jobs Act (2017), for divorce agreements executed after December 31, 2018, alimony payments are not deductible by the paying spouse and not taxable income for the receiving spouse at the federal level. This applies to all Oregon divorces finalized after that date.
For divorces finalized before 2019, the old rules still apply unless the agreement is modified to adopt the new tax treatment.
Impact of Misconduct on Oregon Alimony
Adultery: Adultery does NOT directly affect spousal support awards in Oregon. Oregon is exclusively a no-fault divorce state under ORS 107.025, and courts must not consider fault. Spousal support decisions are based on financial need, earning capacity, and length of marriage — not on which spouse caused the relationship to end. However, if a spouse dissipated marital funds on an affair (travel, gifts, hotel stays), the court may adjust property division to compensate. Financial misconduct related to an affair that reduced the marital estate could indirectly affect the resources available for support calculations.
Other marital misconduct: Marital misconduct generally does NOT affect spousal support in Oregon due to the state’s no-fault divorce system. Oregon courts are prohibited from considering fault under ORS 107.036 when dividing marital property. However, financial misconduct (such as dissipating marital assets, hiding income, or accumulating secret debt) may be considered to the extent it affects the financial factors the court must weigh. Domestic violence or abuse may be relevant in custody determinations but is not a statutory factor in spousal support calculations.
Additional Oregon rules: (1) Oregon is one of a small number of states where remarriage does NOT automatically terminate spousal support — this is a significant distinction from most other states. The Oregon Supreme Court has specifically ruled that automatic termination clauses based on remarriage require evidentiary support. (2) Oregon uses the term “spousal support” rather than “alimony” in its statutes, though both terms are used interchangeably in practice. (3) The court MUST designate which category of support it is awarding (transitional, compensatory, or maintenance) and make specific findings on the relevant factors — it cannot award generic undifferentiated spousal support. (4) Compensatory support has a significantly higher bar for modification than the other two types, requiring an “involuntary, extraordinary, and unanticipated” change rather than just a “substantial change.” (5) Oregon has no statutory caps on the amount or duration of spousal support. (6) Spousal support terminates upon the death of either party unless the judgment specifically provides otherwise. (7) The parties may agree to make spousal support non-modifiable in their settlement agreement, which the court will generally enforce.
Official Sources & Resources
- Cornell LII — Alimony: law.cornell.edu
- NCSL Spousal Support: ncsl.org
- Oregon Alimony Statute: ORS 107.105(1)(d) (types and factors for spousal support awards); ORS 107.135 (modification and termination of spousal support); ORS 107.025 (no-fault dissolution grounds); ORS 107.036 (prohibition on considering fault in property division)
Last verified May 2026. Contact us if you notice outdated information.