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Judges in Oregon can award temporary spousal support to a dependent spouse during the legal divorce process.Spousal maintenance is a form of alimony the court typically reserves for long-term marriages and allows the supported spouse to maintain a similar standard of living to the marital lifestyle.
The guideline states that the paying spouse's support be presumptively 40% of his or her net monthly income, reduced by one-half of the receiving spouse's net monthly income. If child support is an issue, spousal support is calculated after child support is calculated.
The duration of payments is determined by a judge in Oregon family court. Alimony length is usually based on length of marriage - one commonly used standard for alimony duration is that 1 year of alimony is paid every three years of marriage (however, this is not always the case in every state or with every judge).
In most cases, only persons who have been involved in a marriage of a longer duration (usually over 5 years) are qualified for spousal support. Also, the court will take into account several factors when making the support determination, including: The earning capacity of each spouse.
While Oregon does have a guideline calculator for determining child support payments, no such formula currently exists for spousal support. Instead, determinations of spousal support include a review of the couple's joint costs of living as compared to each individual's separate cost of living.