Oregon Alimony / Spousal Support Estimator

Oregon has no statutory formula for calculating spousal support. Under ORS § 107.105(1)(d), judges use broad discretion to set amounts that are "just and equitable" based on factors like marriage duration, income disparity, and standard of living. Some Oregon practitioners informally reference 22% of the gross income difference for half the marriage length, but this is not codified in law.

Oregon recognizes three categories under ORS § 107.105(1)(d). Transitional support funds education or job training for workforce reentry. Compensatory support reimburses a spouse who significantly contributed to the other's career or earning capacity. Spousal maintenance preserves the marital standard of living, typically after long-term marriages. Courts may award one or more types simultaneously.

Oregon sets no statutory maximum duration for spousal support. Transitional support typically lasts only as long as the education or training program requires. Spousal maintenance after long-term marriages may be indefinite, while shorter marriages generally receive time-limited awards. Under ORS § 107.105, support terminates upon the death of either party unless the judgment states otherwise.

Under ORS § 107.105(1)(d)(C), Oregon courts evaluate marriage duration, each party's age and health, the marital standard of living, relative income and earning capacity, employment skills and work experience, financial needs and resources of each party, tax consequences, and custodial responsibilities. The court may also consider any other factor it deems just and equitable.

Under ORS § 107.135(3)(a), transitional and maintenance support can be modified upon showing a substantial change in economic circumstances, including increased living expenses. Compensatory support has a higher bar — requiring an involuntary, extraordinary, and unanticipated change that reduces earning capacity. Under ORS § 107.136, terminated support may be reinstated if the basis for termination no longer exists.

Oregon is a pure no-fault dissolution state, so adultery is not a statutory ground for divorce. While ORS § 107.105 includes a catch-all "any other factor" provision, Oregon courts primarily focus on economic factors rather than marital misconduct when determining spousal support amounts and duration. Fault-based conduct typically has minimal impact on support awards in Oregon.

For Oregon dissolutions finalized after January 1, 2019, spousal support is neither tax-deductible for the payer nor taxable income for the recipient under the federal Tax Cuts and Jobs Act. Pre-2019 agreements retain the prior tax treatment unless explicitly modified. Oregon courts factor this tax-neutral status into award amounts, which may reduce awards by 20–30% compared to pre-TCJA calculations.

Oregon law permits spousal support waivers in prenuptial agreements, but enforcement is not guaranteed. Courts may override a waiver if enforcing it would result in substantial injustice or be unconscionable due to unforeseen circumstances at the time of dissolution. Both parties should have independent legal counsel and full financial disclosure when executing the agreement to maximize enforceability.