Spousal Support Calculator
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Oregon Spousal Support Calculator

Calculate Maintenance Under Oregon Revised Statutes ORS 107.105 — Updated 2026

Use this free Oregon spousal support calculator to estimate how much maintenance you may pay or receive under Oregon Revised Statutes ORS 107.105. Whether your divorce is filed in Portland (Multnomah County), Beaverton (Washington County), Eugene (Lane County), Salem (Marion County), Bend (Deschutes County), or anywhere else in Oregon, this tool applies the 2026 negotiation anchor — 30% of the payor’s gross income minus 20% of the recipient’s gross income — alongside all ORS 107.105 statutory factors. Oregon recognizes three distinct support types: Transitional, Compensatory, and Maintenance. Enter your details below for a step-by-step estimate. Always consult a licensed Oregon family law attorney or Oregon divorce lawyer for advice tailored to your case.

Income Information

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Marriage Details

Enter 0–100 years
Enter a past date
Marriage less than 10 years? ℹī¸Oregon uses under-10 years as the short-term threshold, unlike many other states at 5 years. Typically qualifies for Transitional Support only.
Marriage 20+ years? ℹī¸20+ year marriages may qualify for indefinite Maintenance Support under ORS 107.105.
Is recipient custodial parent?

Oregon-Specific Factors

Domestic violence involved? ℹī¸ORS 107.105 allows courts to award higher amounts and longer durations when domestic violence is documented.

Oregon Domestic Violence Impact (ORS 107.105):

  • 10–20% increase in maintenance amounts typically awarded
  • May qualify for longer duration regardless of marriage length
  • Courts may order additional amounts for therapy and rehabilitation
Economic misconduct by payor? ℹī¸Dissipation of marital assets or financial misconduct that directly harmed the marital estate. See In re Marriage of Steele, 293 P.3d 1077 (2012).

Needs & Resources

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Enter age 18–100

Earning Capacity

Enter 0–50 years
Recipient sacrificed career for marriage?
Recipient has a disability?

Duration Factors

Maintain marital standard of living?
Significant separate property (recipient)?
Enter 0–50 years
Enter age 18–100
Important Legal Note: This calculator uses the 2026 Oregon negotiation anchor (30% of payor's gross minus 20% of recipient's gross) and ORS 107.105 statutory factors. Oregon courts have broad discretion; judges weigh all factors individually. Not legal advice. Consult a licensed Oregon family law attorney.
Disclaimer: Estimates only. Oregon has no statutory formula; judges use discretion under ORS 107.105. Consult an attorney.

Oregon Maintenance Case Law

Earning Capacity Must Be Considered
In re Marriage of Firpo, 337 Or App 398 (2026)

Reiterated the mandatory requirement under ORS 107.105(1)(d)(C) to consider the recipient's earning capacity — not just current income. Courts may impute income when a spouse is voluntarily underemployed.

All Statutory Factors Required
In re Marriage of Roppe, 252 Or App 128 (2012)

Established that Oregon courts must consider all statutory factors in ORS 107.105 when awarding spousal support, with particular emphasis on need and ability to pay.

Modification — Substantial Change Standard
In re Marriage of Humbert, 222 Or App 286 (2008)

Addressed modification, requiring a "substantial change in circumstances" that was unanticipated at the time of the original decree. Payor's good-faith retirement at reasonable age may qualify.

Fault Generally Not a Factor
In re Marriage of Steele, 293 P.3d 1077 (Or. Ct. App. 2012)

Clarified that marital misconduct is generally not a factor in awarding spousal support unless it had a direct negative financial impact on the marital estate or a party's earning capacity.

Modifying Maintenance in Oregon

Oregon law allows modification or termination of spousal support upon a showing of changed circumstances. The legal standard depends on the type of support ordered.

1. Legal Standards for Modification
Transitional or Maintenance Support: Requires proof of a "substantial change in circumstances" that is ongoing and was not anticipated at the time of the original order (e.g., significant income loss, disability, remarriage).
Compensatory Support: Higher standard. Requires an "involuntary, extraordinary, and unanticipated change" that reduces the payor's earning capacity. Compensatory support is payment for past contributions, making it more difficult to modify.
Automatic Termination: Support terminates upon the death of either party or the remarriage of the recipient unless the parties agreed otherwise in writing.
2. Common Grounds for Modification
Substantial Income Change: Job loss, significant pay reduction, or unexpected income increase for either party.
Remarriage of Recipient: Support automatically terminates by operation of law; payor must file a motion to terminate.
Disability or Health Issues: New or worsening medical condition affecting earning capacity of either party.
Payor's Retirement: If retirement is reasonable (typically age 65+ or health-related), support may be reduced or terminated per In re Marriage of Humbert.
Recipient's Improved Earning Capacity: If the recipient obtains education or employment that significantly increases income.
Cohabitation: While not automatic termination, cohabitation with a new partner may be grounds for reduction if it reduces the recipient's financial needs.
3. Step-by-Step Modification Process
Step 1 – Document the Change: Gather evidence: pay stubs, tax returns, medical records, termination letters, retirement notices.
Step 2 – File a Motion to Modify: Submit to the court that issued the original order, along with a supporting affidavit detailing the change.
Step 3 – Serve the Other Party: Legally serve the motion using certified mail or a process server.
Step 4 – Mediation (often required): Most Oregon counties require mediation before a hearing.
Step 5 – Court Hearing: If mediation fails, present evidence to the judge. Burden of proof is on the party seeking modification.
Step 6 – Order on Modification: Effective date is typically the filing date of the motion; no retroactivity.
4. Critical Practical Considerations
Never stop paying without a court order: Stopping payments can result in contempt, arrearages, and legal penalties.
No retroactive modification: Act promptly when circumstances change.
Temporary orders available: If emergency (e.g., job loss), request temporary reduction pending final hearing.
Timeline: Uncontested modifications: 2–4 months; contested: 6–12 months depending on court caseload.
Filing fees: Typically $50–$300 depending on county. Fee waiver available for low-income parties.

Oregon Revised Statutes § 107.135 | In re Marriage of Humbert, 222 Or App 286 (2008) | In re Marriage of Maxwell, 272 Or App 768 (2015)

Oregon Spousal Maintenance FAQs (Updated 2026)

Oregon recognizes three distinct types under ORS 107.105:

  • Transitional Support: For short-term needs after divorce, typically 1–5 years.
  • Compensatory Support: For economic contributions to the marriage (e.g., supporting a spouse through school, foregoing career opportunities).
  • Maintenance Support: For spouses who cannot become fully self-sufficient; may be indefinite for long-term marriages.

Oregon Revised Statutes ORS 107.105

Oregon uses statutory factors rather than a strict formula. A common 2026 negotiation anchor is:

30% of Payor's Gross Income − 20% of Recipient's Gross Income

Judges then apply ORS 107.105 factors including: recipient's financial needs, payor's ability to pay, marriage duration, standard of living during marriage, and earning capacity (not just current income per In re Marriage of Firpo, 2026).

ORS 107.105; In re Marriage of Firpo, 337 Or App 398 (2026)

  • Under 10 years: Typically Transitional Support for 1–3 years.
  • 10–20 years: Maintenance for 30–60% of marriage duration, or Compensatory if contributions exist.
  • 20+ years: May receive Maintenance Support for longer periods or indefinitely.

Special considerations: A disabled spouse or one who made significant career sacrifices may receive longer-term support regardless of marriage duration.

Oregon Revised Statutes ORS 107.105

Yes, under ORS 107.135. The standard depends on support type:

  • Transitional or Maintenance Support: Requires proof of a "substantial change in circumstances."
  • Compensatory Support: Higher standard — requires an "involuntary, extraordinary, and unanticipated change" that reduces the payor's earning capacity.
  • Automatic Termination: Recipient's remarriage or death of either party.

Oregon Revised Statutes ORS 107.135

  • Payor may petition to modify or terminate support at retirement age.
  • Court considers whether retirement is reasonable (typically age 65+ or health-related).
  • Early retirement may not be considered reasonable.
  • Recipient's continued needs are still weighed against payor's reduced income.

In re Marriage of Humbert, 222 Or App 286 (2008); ORS 107.135

Domestic violence can significantly impact maintenance awards under ORS 107.105:

  • Courts may award higher amounts to victims of domestic violence.
  • Support duration may be extended regardless of marriage length.
  • Courts may order additional amounts for therapy and rehabilitation.
  • The perpetrator's conduct may reduce or eliminate their own support entitlement.

Documented evidence is crucial for these considerations.

Oregon Revised Statutes ORS 107.105

Federal Tax (Current Law): For divorce or separation agreements executed after December 31, 2018, recipients do not include spousal support as taxable income, and payors cannot deduct it (Tax Cuts and Jobs Act of 2017).

Oregon State Tax: Follows federal treatment for post-2018 agreements — no deduction for payor, no income for recipient.

Pre-2019 agreements may have different tax treatment. Child support payments are never deductible or taxable.

IRC §71; Tax Cuts and Jobs Act of 2017

  • Urban Counties (Multnomah, Washington): Typically higher maintenance amounts reflecting Portland metro cost-of-living.
  • Suburban Counties (Clackamas): Moderate maintenance amounts.
  • Mid-size Counties (Lane, Marion, Deschutes): Amounts reflect local wages and housing costs.
  • Rural Counties: Generally lower maintenance amounts.

Oregon Revised Statutes ORS 107.105

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