Oregon Revised Statutes Chapter 107 § 107.085 — or under a motion for relief made pursuant to ORS 107.095 (1)(b) for
Oregon Revised Statutes Chapter 107 ·
Oregon Code § 107.085·Enacted ·Last updated March 01, 2026
Statute Text
or under a motion for relief made pursuant to ORS 107.095 (1)(b) for
which a limited judgment was not entered, payment of which commences no earlier
than the date the petition or motion was served on the nonrequesting party, and
the amount shall be considered a request for relief that has been decided by
the general judgment for purposes of ORS 18.082 (3). In making the spousal
support order, the court shall designate one or more categories of spousal
support and shall make findings of the relevant factors in the decision. The
court may order:
(A) Transitional
spousal support as needed for a party to attain education and training
necessary to allow the party to prepare for reentry into the job market or for
advancement therein. The factors to be considered by the court in awarding
transitional spousal support include but are not limited to:
(i) The duration
of the marriage;
(ii) A partys
training and employment skills;
(iii) A partys
work experience;
(iv) The
financial needs and resources of each party;
(v) The tax
consequences to each party;
(vi) A partys
custodial and child support responsibilities; and
(vii) Any other
factors the court deems just and equitable.
(B) Compensatory
spousal support 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 and when an order for compensatory
spousal support is otherwise just and equitable in all of the circumstances.
The factors to be considered by the court in awarding compensatory spousal support
include but are not limited to:
(i) The amount,
duration and nature of the contribution;
(ii) The duration
of the marriage;
(iii) The
relative earning capacity of the parties;
(iv) The extent
to which the marital estate has already benefited from the contribution;
(v) The tax
consequences to each party; and
(vi) Any other
factors the court deems just and equitable.
(C) Spousal
maintenance as a contribution by one spouse to the support of the other for
either a specified or an indefinite period. The factors to be considered by the
court in awarding spousal maintenance include but are not limited to:
(i) The duration
of the marriage;
(ii) The age of
the parties;
(iii) The health
of the parties, including their physical, mental and emotional condition;
(iv) The standard
of living established during the marriage;
(v) The relative
income and earning capacity of the parties, recognizing that the wage earners
continuing income may be a basis for support distinct from the income that the
supported spouse may receive from the distribution of marital property;
(vi) A partys
training and employment skills;
(vii) A partys
work experience;
(viii) The
financial needs and resources of each party;
(ix) The tax
consequences to each party;
(x) A partys
custodial and child support responsibilities; and
(xi) Any other
factors the court deems just and equitable.
(e) For the
delivery to one party of such partys personal property in the possession or
control of the other at the time of the giving of the judgment.
(f) For the
division or other disposition between the parties of the real or personal
property, or both, of either or both of the parties as may be just and proper
in all the circumstances. In determining the division of property under this
paragraph, the following apply:
(A) A retirement
plan or pension or an interest therein shall be considered as property.
(B) The court
shall consider the contribution of a party as a homemaker as a contribution to
the acquisition of marital assets.
(C) Except as
provided in subparagraph (D) of this paragraph, there is a rebuttable
presumption that both parties have contributed equally to the acquisition of
property during the marriage, whether such property is jointly or separately
held.
(D)(i) Property
acquired by gift to one party during the marriage and separately held by that
party on a continuing basis from the time of receipt is not subject to a
presumption of equal contribution under subparagraph (C) of this paragraph.
(ii) For purposes
of this subparagraph, property acquired by gift means property acquired by
one party through gift, devise, bequest, operation of law, beneficiary
designation or inheritance.
(E) Subsequent to
the filing of a petition for annulment or dissolution of marriage or
separation, the rights of the parties in the marital assets shall be considered
a species of co-ownership, and a transfer of marital assets under a judgment of
annulment or dissolution of marriage or of separation entered on or after
October 4, 1977, shall be considered a partitioning of jointly owned property.
(F) The court
shall require full disclosure of all assets by the parties in arriving at a
just property division.
(G) In arriving
at a just and proper division of property, the court shall consider reasonable
costs of sale of assets, taxes and any
Plain English Explanation
This Oregon statute addresses or under a motion for relief made pursuant to ORS 107.095 (1)(b) for
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Key Points
01Part of Oregon statutory law
02Referenced as Oregon Code § 107.085
03Subject to legislative amendments
04Consult a licensed attorney for application to specific cases
Frequently Asked Questions
This section of Oregon law addresses or under a motion for relief made pursuant to ORS 107.095 (1)(b) for
. Read the full statute text above for details.
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