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Lawrence D. Gorin
Lawrence D. Gorin, Lawyer.
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how much if any can my spouse get for spousal support in a

Resolved Question:

how much if any can my spouse get for spousal support in a divorce? she is 58 I am 71 she is a teacher for 21 years and I am a restaurant owner for 28 years. she grosses 70 k I 230 k but I only take home a small portion of that and does the judge ask for my bills ? I get ss to . she claims because she hurt her arm she is entitled to spousel support. we were only married for 41 months. Hillsboro Oregon hearing date 10/7/2013 divorce to be in Oregon we were separated 12/12/2012
Submitted: 1 year ago.
Category: Legal
Expert:  Lawrence D. Gorin replied 1 year ago.

ANSWER:

This is a short-term marriage. Less than four years. Under Oregon law, the court's first approach to the attempt a recission, i.e., attempting to place the parties back to the positions they were in, and presumably still would be in, had no marriage occurred. Of course, if there has been a substantial commingling of properties and assets, this may not be possible. And in that case, the goal of the court is to make an "equitable division and distribution" of the parties' marital assets and properties.

 

As to spousal support, given the facts you are discribing (and, of course, not hearing her view of the facts), it would appear that she has little if any basis on which to assert a claim for spousal support. Short term marriage. She is younger than you by more than 10 years. She has above-average income, probably sufficient to allow her to maintain a standard of living not overly disproportionate to that which was enjoyed during the marriage. The fact that she hurt her arm is (without more) not a basis for claiming spousal support. Also, your Soc. Sec. it not considered as property subject to division incident to divorce, but it may be taken into consideration in determining your ability to pay spousal support IF-- and only IF -- the court fist determines that there is a factual basis justifying wife spousal support claim. Also, your ability to pay spousal support -- if such is warranted -- would be based on your personal adjusted gross income. The gross income of your business is NOT the basis for spousal support; rather, what is important is what you take home from the business.

 

CLICK HERE to see the Oregon Statute pertaining to spousal support. (Scroll down to subsection (1)(d).

 

Some of my Oregon attorney friends have posted information on their websites discuss spousal support under Oregon law.

 

CLICK HERE to view Gil Feibleman's website.

 

CLICK HERE is view Shelley Fuller's website.

 

CLICK HERE to see what Barbara Aaby says.

 

CLICK HERE to see what Jeff Matthews says.

 

CLICK HERE to see what Kathy Proctor says.

 

CLICK HERE for Paul DeBast's article about "Divorce concerns for those over 50."

 

Finally, CLICK HERE for a very well-written article (if I say so myself) regard spousal support, alimony and tax consequences.

 

I wish you all the best.

 

Lawrence D. Gorin, Lawyer.
Category: Legal
Satisfied Customers: 1512
Experience: 30+ years of legal expertise. Informed, knowledgeable, helpful.
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Lawrence D. Gorin
Lawrence D. Gorin
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30+ years of legal expertise. Informed, knowledgeable, helpful.