Oregon Spousal Support (Alimony) Laws: How It Works (2026)
Oregon Spousal Support (Alimony) Laws: How It Works (2026)
Oregon does not use the word "alimony" in its statutes. The state calls it spousal support, and the governing law is ORS 107.105(1)(d), which defines three separate and distinct categories of support. Each category serves a different purpose, and courts evaluate them separately. There is no formula. Every award is discretionary, based on the facts of the specific case.
Information last verified on June 1, 2026.
Estimate your situation: Try our free Oregon alimony calculator to estimate spousal support and see the factors a Oregon court weighs.
Jurisdiction scope: This article covers Oregon state law only. For a comparison across all fifty states, see Alimony Laws by State.
What Is Spousal Support in Oregon?
Spousal support in Oregon is a court-ordered payment from one spouse to the other following dissolution of marriage or legal separation. Oregon Revised Statutes chapter 107 governs dissolution and support. The specific authority for spousal support awards is ORS 107.105(1)(d), which directs the court to "provide for support of a party."
The statute does not use the word "alimony" anywhere. Practitioners, courts, and the Oregon Judicial Department all use the term "spousal support." If you see "alimony" in older Oregon judgments or agreements, it refers to the same obligation now governed by ORS 107.105(1)(d).
Oregon's approach differs from states that calculate support using a formula tied to income and length of marriage. Oregon has no such formula. Each award requires the court to make individualized findings based on the statutory factors for the type of support being ordered. The court must also specify, in the judgment, which type or types of support it is awarding.
The Three Statutory Types of Spousal Support
ORS 107.105(1)(d) defines exactly three types of spousal support. A court may award one type, a combination of types, or none at all. The types are not interchangeable, and a party requesting support should identify which type is appropriate for the facts of the case.
Transitional Spousal Support
Transitional spousal support is defined in ORS 107.105(1)(d)(A) as support ordered "as needed for a party to attain education and training necessary to allow the party to prepare for reentry into the job market or for advancement therein."
The purpose of transitional support is forward-looking. It addresses the situation where one spouse left the workforce during the marriage, perhaps to raise children or support the other spouse's career, and now needs time and resources to become employable or to upgrade existing job skills. Courts look at the cost and duration of the necessary education or training, the realistic time to complete it, and whether the requesting spouse has already taken steps toward reentry.
Transitional support is typically time-limited. It is not designed to be a permanent income supplement. Once the education or training is complete and the supported spouse can reasonably support themselves, the basis for transitional support is gone.
Compensatory Spousal Support
Compensatory spousal support is defined in ORS 107.105(1)(d)(B) as support "when there has been a significant financial or other contribution by one party to the education, training, vocational skills, career or earning capacity of the other party and when an order for compensatory spousal support is otherwise just and equitable in all of the circumstances."
Compensatory support is different from the other two types because it looks backward, not forward. It recognizes that one spouse may have worked to put the other through school, funded a professional degree, or sacrificed their own career development so the other could advance. The contribution does not have to be purely financial. Significant contributions of time, labor, or career sacrifice can also qualify.
Both elements of the definition must be satisfied: there must be a significant contribution, and the award must be "just and equitable in all of the circumstances." Courts do not grant compensatory support automatically whenever one spouse helped the other. The overall equities of the case matter.
Spousal Maintenance
Spousal maintenance is defined in ORS 107.105(1)(d)(C) as "a contribution by one spouse to the support of the other for either a specified or an indefinite period."
Maintenance is the broadest of the three categories. It is what most people think of as traditional ongoing support. Unlike transitional support, maintenance is not limited to the period of job retraining. Unlike compensatory support, it does not require a showing that one spouse contributed to the other's career. The court may award maintenance for a fixed term or for an indefinite period, depending on the circumstances. Long marriages, significant income disparity, age, and health are common factors driving a maintenance award.
Maintenance does not require a finding of fault or misconduct. Oregon is a no-fault dissolution state, and courts do not consider marital misconduct when evaluating spousal support unless a specific statute directs otherwise.
How Oregon Courts Decide: Factors and No Formula
Oregon courts do not apply a formula to calculate spousal support. The legislature has not adopted a guideline schedule like the ones used for child support. Every award is the product of judicial discretion, constrained by the statutory factors the court must consider.
ORS 107.105(1)(d) directs the court to consider the following factors in evaluating a spousal support request:
- The duration of the marriage
- The age of the parties
- The health of the parties, including physical, mental, and dental health
- The standard of living established during the marriage
- The relative income and earning capacity of the parties, including the extent to which present and future earning capacity may have been impaired due to periods of unemployment arising from domestic responsibilities or choices made in furtherance of the other spouse's career
- The training, employment skills, work experience, and education of each party
- The financial needs and resources of each party, including the assets and liabilities of each
- The tax consequences to each party
- The custodial responsibilities of each party with respect to any dependent children
- Any other factors the court deems relevant
The court must identify which type or types of support it is awarding in the judgment and make specific findings about the factors it found relevant. A general award of "spousal support" without designating the category is not proper under Oregon law. This requirement gives the award a clear legal basis and makes it easier to evaluate on appeal or at a modification hearing.
Because no formula exists, two cases with similar incomes and similar marriage lengths may produce very different awards depending on factors like health, the extent of career sacrifice, and the parties' respective assets. Consulting a licensed Oregon family law attorney is the only way to get a realistic assessment of a specific case.
How Long Spousal Support Lasts and When It Ends
The duration of spousal support in Oregon depends on the type awarded and the findings the court makes about the specific circumstances.
Transitional support lasts only as long as necessary to complete the identified education or training and to allow a reasonable period to transition into employment. Courts often set a specific end date or tie termination to the completion of a degree or certification program.
Compensatory support may be paid over a specified period or structured as a lump sum, depending on what the court determines is just and equitable. The duration reflects the value of the contribution being compensated, the ability of the paying spouse to pay, and the overall circumstances of the parties.
Spousal maintenance may be ordered for a defined term or for an indefinite period. Long marriages with significant income disparity, or cases where a spouse has health conditions that permanently limit earning capacity, are more likely to produce indefinite maintenance awards. Shorter marriages or cases where the supported spouse has solid earning capacity may result in a defined-term award designed to bridge the gap to self-sufficiency.
Termination on Death
ORS 107.105(1)(d) states that "liability for the payment of spousal support shall terminate on the death of either party." This applies to all three types of spousal support and is a default rule. The parties may agree in a written judgment or settlement agreement to provide for continued payments or a cash substitute after death, but absent such a provision, death of either party ends the obligation. Any previously accrued unpaid balance is not automatically extinguished, but no new obligation arises after death.
Remarriage
Oregon does not have a statute that automatically terminates spousal support on the remarriage of the supported spouse, unlike the rule in some other states. Remarriage is, however, a factor that may constitute a substantial change in economic circumstances justifying modification or termination of an existing support order. A supported spouse who remarries and whose new spouse provides substantial income may find it difficult to resist a motion to terminate or reduce support. Courts evaluate the actual economic impact of the remarriage on the supported spouse's need, rather than treating remarriage as an automatic cutoff.
Modification
Under ORS 107.135, either party may ask the court to set aside, alter, or modify the spousal support provisions of a dissolution judgment. For transitional and maintenance support, the standard is "a substantial change in economic circumstances." Courts consider changes in income, employment status, disability, retirement, and similar factors when evaluating whether the standard is met. The change must be substantial and material; minor fluctuations in income do not typically meet the threshold.
Compensatory support is held to a higher standard. Under ORS 107.135, modification of compensatory spousal support requires a showing of "an involuntary, extraordinary and unanticipated change in circumstances that reduces the earning capacity of the paying spouse." This heightened standard reflects the fact that compensatory support is designed to repay a specific contribution, and the amount of that contribution does not change simply because the paying spouse's financial situation shifts. The statutory qualifier "that reduces the earning capacity of the paying spouse" is part of ORS 107.135(3)(a) and is not met by changes that affect only the supported spouse.
Is Spousal Support Taxable?
The federal tax treatment of spousal support changed significantly with the Tax Cuts and Jobs Act of 2017 (TCJA). For divorce or separation agreements executed on or after January 1, 2019, the IRS no longer allows the paying spouse to deduct spousal support payments, and the receiving spouse does not include them in gross income for federal tax purposes.
For agreements executed before January 1, 2019, the prior rules still apply: payments are deductible by the payer and taxable income to the recipient, as long as the agreement has not been modified after 2018 with language expressly adopting the TCJA treatment.
Oregon conforms to federal income tax treatment for spousal support. Parties negotiating support in Oregon today should assume that payments will be made with after-tax dollars and should factor that into the amount and structure of any agreement.
The tax rules do not apply to child support. Oregon child support is calculated under a separate administrative formula based on both parents' incomes, parenting time, and other factors. Child support is never deductible by the paying parent and never counts as taxable income for the receiving parent under either federal or Oregon state law. Spousal support and child support serve different legal purposes and are evaluated and taxed under completely different rules.
Disclaimer: This article covers Oregon spousal support law as of June 1, 2026, based on ORS 107.105(1)(d) and ORS 107.135. Laws change and court outcomes vary by county and individual facts. This article is general legal information, not legal advice. Consult a licensed Oregon family law attorney before making decisions about spousal support.
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Last updated: June 1, 2026.
RecordingLaw.com provides legal information, not legal advice. Always consult a licensed Oregon family law attorney for guidance specific to your situation.