Oregon Family Law

Oregon laws are created and revised by the actions of lawmakers and the courts, as in other states. Click on the links below to learn more information.

1.State statute Chapter 107  Marital Dissolution, Annulment and Separation; Mediation and Conciliation Services; Family Abuse Prevention
2. Fault or no-fault (typically when a state allows fault based and no-fault divorce, fault based divorces require no separation period. No-fault
3. Equitable distribution or community property Equitable Distribution
a. Methods of apportionment
i. Periera and Van Camp in CA
b. Property distribution factors OR. REV. STAt. § 107.105
4. Legal separation? Yes, see 107.455-107.475
a. Waiting period/Separation period No waiting period, previously 90 days
5. Is mediation required Yes, see 107.755
6. Forms used Oregon divorce forms
7. Alimony guidelines and factors Dee 107.105 (1)(d)
Alimony formula No formula - based on facts and circumstances
a. Types

"Transitional support is for a party to obtain education or training necessary to allow the party to prepare for reentry into the job market or for advancement in the job market. This type of support is commonly awarded in shorter or mid-length marriages where a party may need additional resources for a limited time to become gainfully employed and to ""transition"" into single life.

Compensatory support is for cases 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 or where one party is given substantially more value in property during the dissolution and there are no other assets to ""offset"" the property award. This type of support is usually reserved for rare cases.

Maintenance support is a contribution by one spouse to the other, either for a specified or indefinite period of time. This is commonly awarded in long-term marriages where there is a significant gap between the earning capacity of the parties, a gap which will probably never be closed or where a party may lack the ability to gain meaningful employment in the future."

b. Term Limits 1/2 duration - 
Cohabitation Will not modify alimony due to payee's cohabitation unless there is a substantial change in payee's financial circumstances
c. Imputing income Oregon v. Conley, 971 P.2d 332 (Idaho Ct. App. 1999) (court must look to employment potential and probable earnings based on work history, qualifications, prevailing job opportunities, earnings level in the community; evidence that father was unemployed, but could earn $6-8/hr. as mechanic supported imputation of income)
d. Change in circumstances 107.135(3)(a)
e. Ceases on retirement Bills proposed to terminate alimony upon retirement. H.B. 3531, 77th Leg. Assemb. (Or. 2013) but didnt pass.  currently modifiable on retirement.
Impute income on early retirement
Early retirement for health reasons is involuntary
f. Definition of income Oregon Child Support Guidelines 137-050-0715
8. Child support factors and guidelines Yes, see 107.105 (1)©
9. Child support calculator Oregon child support calculator
10. Lump Sum  Support allowed? Yes - called alimony in gross - 107-105(1)(d)
11. Valuation
a. Valuation date Trial
b. Goodwill divisibility Personal goodwill is not divisible.  Enterprise goodwill is divisible. - Slater v. Slater, 245 P.3d 676 (Ore. 2010)
c. Standard of value Fair market value
d. Discounts Yes - In re marriage of Tofte
e. Shareholder/partner agreements
 12. Double dip  Permissable
 a. Stock options  
 b. Retirement accounts  Impermissable - Colling v. Colling, 139 Or. App. 16, 910 P.2d 1165 (1996)
 c. Child support
 13. Key cases  
 14. Premarital agreements  Uniform Pre-Marital Agreement Act adopted. Parties to a premarital
agreement may contract with respect to the modification or elimination of spousal support OR ST § 108.710"
 15. Common law  No


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