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Loren, Lawyer
Category: Family Law
Satisfied Customers: 33999
Experience:  30 plus years of experience.
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In a short term marriage of 4 years, no kids, one house with

Customer Question

In a short term marriage of 4 years, no kids, one house with approx 30,000 equity in the state of Oregon, with both parties making like income and benefits, is all property/assets split or is one of the parties entitled to additional income?
Submitted: 2 years ago.
Category: Family Law
Expert:  Loren replied 2 years ago.
Good morning. I am Loren, a licensed attorney, and I look forward to answering your question.
Typically in a short marriage, where there is no disparity of income, it would be unusual for a spouse to be awarded any support.
Support is typically awarded to allow a long term spouse, not capable of earning an income, to maintain a similar lifestyle.
I hope this is helpful. If you have more follow up questions please let me know. It is never a problem.
Thank you.
Customer: replied 2 years ago.
So in essence, all property/assets that were obtained after the marriage would be equally divided and there would be no spousal support awarded to either party? Also is there any scenario, in which there would be an exception given the information provided?
Expert:  Loren replied 2 years ago.
Basically all correct for the scenario described.No, courts do not generally award alimony to spouses who have the same earning capacity.It is certainly possible that the court would split assets in what the judge believes to be equitable but not necessarily equal. However, this marriage is so brief that I would find it hard to believe a judge would take any unusual or extraordinary action.
Customer: replied 2 years ago.
Okay my question was regarding the law in the "State of Oregon," this morning my son learned through his attorney that in "OREGON" the law provides a "sliding scale" that no matter "how long the marriage is" , that the person making more will pay the other person for a "minimum" of two years based on the difference in income. So your advice wasn't even close to accurate, good thing we double checked. Please reimburse my account for your pat answer.Several months ago, I used your service for advice on another matter and now I'm wondering if it was legit. Maybe you can look into that and see if there's any validity to your services answer.Regards.
Expert:  Loren replied 2 years ago.
You stated in your question that both parties are earning the same. Length of marriage and disparity in earnings are the most important factors in an Oregon request for spousal support. It is by no means awarded in every case and I stand by my answer. I do not believe a court will award spousal support in the circumstances you describe.
Best regards.
Customer: replied 2 years ago.
The parties are earning "like" income now. During the marriage my son was the primary income earner with his spouse working part-time, had she chosen to work "full time, their income would have been closer to the same amount, but was approx 1/3 to a half depending on how many hours she chose to work. Now that they are living separately she has found a "full time" job with benefits and has the potential to make equal pay if not more. She's a linguist and speaks five languages. My son is in the Air Force. My son's attorney told him that in "Oregon" that they base the support on the income during the marriage and that the length of the marriage has no bearing, which seems odd to me, seems like a person could marry anyone for a year or so, not work and leave the marriage with a guaranteed income for at the very least two years.
Expert:  Loren replied 2 years ago.
I agree that the income earned during the marriage is relevant, but I disagree that the length of the marriage is not taken into consideration. It is always considered and support, if any, would be very brief.