It’s scary and confusing.  You are kind of in shock. You wish it wasn’t happening.  You have been working hard.  Staying late, coming home late, and getting up to do it all over again.  Your job pays for all the bills.  Your family has a nice home, the kids have activities and all the latest gadgets they want.  Your wife has been able to stay home with the kids all of these years.  Now she wants a divorce.  You know that your marriage has been difficult for a while, but you were willing to stick it out.  You don’t know what to expect from a divorce. Your friends are telling you that you are going to be paying through the nose in alimony and child support.  You wonder if you are going to be living in a trailer.  Your chest feels tight and you can’t take a deep breath.  You have so many questions and concerns.  Alimony is what you have major questions about.  In Oregon, it’s called spousal support.  In Washington, it’s called spousal maintenance.  Here are answers to some of the questions you may have about Spousal support:

  • Do I have to pay spousal support?  If you are the wage earner and your spouse stays home with the children, it is likely that you will have to pay spousal support.
  • What if my spouse has a job, do I still have to pay spousal support?  If your spouse has a job, but she gets paid a lot less than you and she can’t make ends meet, it is likely that you will have to pay spousal support.
  • Does Oregon or Washington have guidelines for spousal support?  No
  • How long do I have to pay spousal support?  A rule of thumb in Oregon is that you will pay spousal support for 1/2 the length of the marriage.  In the state of Washington, it might be 1/4 the length of the marriage.
  • What is a rule of thumb?  A rule of thumb is just an estimate, a ballpark, not a guarantee.
  • What is indefinite spousal support?  It is spousal support that lasts for an indefinite period of time, or until something changes.
  • What are the changes that could occur to modify indefinite spousal support?  Retirement, job loss, new spouse for the person receiving spousal support are a few of the changes that could modify or terminate indefinite spousal support.
  • Does spousal support terminate when my spouse gets remarried? Not automatically.  You must seek a modification and prove that the new spouse will be contributing to the household in an amount that is similar to the amount you are paying in spousal support.
  • How do the 2018 tax changes affect spousal support?  The person paying spousal support no longer receives a deduction on his taxes.  The person getting the spousal support no longer has to pay income tax on the money. Overall, this will actually mean that the whole family will have less money.  Previously, under the old rule, you were able to save taxes and there was more money to go around for the entire family.
  • How much money will I have to pay in spousal support? The old rule of thumb in Oregon of 30% is dead because of the Trump tax changes in 2018.  Spousal support is no longer taxed and the person paying spousal support no longer receives a deduction, therefore, you will pay less than 30%, perhaps 20-25%.
  • Can you change spousal support at a later time?  Yes, spousal support in Oregon can be changed if there has been a substantial change in circumstances.
  • How can I pay my bills if I have to pay spousal support?  Spousal support does put a strain on the family.  When you were living in one home, on one income your money stretched further than it does when you have one income and two homes with two rent and utility payments.
  • Does my spouse have to get a job? Usually, yes. The only exception would be if she is close to retirement age or is disabled.
  • Do I have to keep working overtime to pay a higher amount of spousal support?  No.  If you have a long history of working overtime, this could be tricky. You should start reducing your overtime immediately.  You can make a case that you can no longer work these kinds of hours.
  • Does spousal support stay the same for its entire duration?  Usually, no.  Often times, spousal support will have a “step down”.  After a few years, it will go to a lower amount.  The question is whether your spouse is likely to have some income of her own in a few years so that she won’t need as much spousal support.

Spousal support can be a scary thought when you are going through a divorce.  It will be tough to pay all of your bills and have any money for extras for a while.  You will have to tighten up your belt for a short time. But it will get better over time because the support should step down and your income should go up making it easier to make the payment.  And one day, before you know it, spousal support will terminate and you will be able to keep all of your money!