Portland Spousal Support Attorneys

When an Oregon divorce judge issues an order awarding spousal support, that order is typically final. However, if either party can establish a material change in circumstances, they can petition to the court for a modification to the spousal support order. Depending on the circumstances, courts can increase or decrease spousal support payment amounts, as well as the duration of support payments.

The most common types of Oregon spousal support modifications are requests to reduce payment amounts. Typically, these requests arise when the paying spouse loses their job or suffers a reduction in income. While courts have the ability to increase spousal support payments, increases are rare and generally reserved for situations where the receiving spouse becomes ill or disabled.

Courts are also frequently asked to modify the duration of spousal support payments. The reason why the court-ordered spousal support in the first place will guide the court’s analysis. For example, if a judge awards spousal support to a party to help them transition into the workforce, payments may be extended if the party cannot find a job despite their due diligence. At the same time, if the receiving spouse finds a job faster than anticipated, the court may order the termination of spousal support payments.

Of course, once a couple divorces, they may not know the financial situation of their former spouse. Thus, practically speaking, it may be difficult for a party to know whether to file for a modification order. However, in 2017, Oregon lawmakers passed a law allowing for a party to submit a written request for the first two pages of their former spouse’s state and federal tax returns. Before this law, parties had to file a request for modification before being able to access to their former spouse’s financial information. In this way, the new law can help parties make an educated guess as to whether pursuing a modification order is worth their time and expense.

Notably, unlike the laws in other states, Oregon divorce law does not automatically terminate spousal support payments when the spouse receiving the payments remarries. Instead, the court will consider the extent to which the receiving spouse’s new marriage has improved their economic situation and then decide whether modification of the spousal support award is necessary. Importantly, courts can only make support modifications retroactive back to the date of the request to modify. So, anyone who is considering such a request should act sooner rather than later.

At Gearing Rackner & McGrath, we know that circumstances change, and so too should spousal support obligations. Our team of dedicated Oregon family law and divorce attorneys have broad experience assisting clients with modification of support orders, as well as other issues that may come up after a divorce is final. We can advise you whether a modification order will likely be successful, and if you determine to pursue a modification, we will aggressively advocate on your behalf.