Is Spousal Support the Same as Alimony?
Alimony vs. spousal support
Alimony as a concept has been around for centuries, and it actually comes from the 17th-century Latin word “alimōnia,” meaning nourishment. Historically, alimony was the term used to describe the payment of money or other forms of wealth in the event of divorce. Because of gender roles at the time and in early history, it was almost always the husband paying the wife in alimony agreements.
Most new clients who come to our firm with their divorce case are familiar with the term “alimony,” but a good portion of those folks don’t really know the details of alimony or that the term “alimony” has evolved in the last several decades to what we now call “spousal support,” which is more encompassing of the variety of marital situations we see today.
Though the terms “spousal support” and “alimony” are often used interchangeably, spousal support is the legal term that Oregon courts use to describe a court-ordered payment from one spouse to the other in a divorce judgment (the IRS, on the other hand, still calls these payments alimony, as do some other states).
What is spousal support?
By definition in the state of Oregon, spousal support is the payment of “an amount of money for a period of time as may be just and equitable for one party to contribute to the other.” In layman's terms, a judge may decide that it’s the fairest outcome of the divorce for one partner to pay the other as part of the dissolution of their marriage.
The point of spousal support is to facilitate a smooth transition for both partners after the divorce or to help both parties live a similar lifestyle after the divorce that they’ve become accustomed to within the marriage.
Not every case has the same support outcome, even when there are similar facts. For instance, spousal support may be paid in one lump sum, as a rollover from an investment or retirement account, or in the more traditionally considered monthly installments for a certain amount of time. The exact amount that is ordered to be paid through spousal support can also vary widely from case to case, based on factors set out in the statute and the way those factors apply to the couple getting divorced.
Spousal support in the State of Oregon
In the state of Oregon, specifically, there are three types of spousal support that may be ordered by a judge, either individually or in a combination of the three. Each type of support covers slightly different situations and looks a little different in both the amount of support paid and the length of time support is paid.
Transitional spousal support
This type of support is ordered in cases where one party of the divorce needs to gain skills or resources to re-enter or advance in the workforce to increase their earning capacity.
Compensatory spousal support
When one party has made a significant financial (or non-financial) contribution to the other party’s career, education, skills, training, or earning capacity, compensatory spousal support may be deemed appropriate and ordered by the court.
Spousal maintenance
Maintenance spousal support is the closest to what many people think of when they think of “alimony.” These payments are made for the purpose of helping one party, who earns less than their spouse, to maintain a semblance of the lifestyle to which they’ve become accustomed in the marriage.
I’m getting divorced — how do I know if I’m eligible for spousal support?
When ordering spousal support, the court will look at several factors in your case to determine if one or multiple types of spousal support should be ordered. These are as follows:
The length of the marriage
Occupations and work experience of both parties
Financial needs and resources of each party
If either or both parties have children
The standard of living each party is accustomed to
Health status, age, and educational status of each of the parties
A seasoned family law attorney — like the team of divorce experts at DBMA Family Law Group — will be able to help you prove a need for spousal support on one side and demonstrate an ability to provide spousal support on the other, both of which are necessary for a court to order any type of spousal support.
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If you’re going through a divorce, you’re not alone
Whether you’re the petitioner or respondent, divorce can be emotionally taxing and complex, so it’s important to seek representation that will approach your case with compassion and keep your best interests at the forefront of the work.
Our family law attorneys have 75+ years of combined experience helping clients navigate divorce and creating the best possible outcomes, and we pride ourselves on being our clients’ greatest advocates during a time of life transition.
If you’re considering divorce or are in the thick of it already, the team at DBMA Family Law Group can help ensure your divorce is as equitable and fair as possible while helping you understand your spousal support options. Contact us today.