Oftentimes clients come to their attorney wanting to terminate or modify their spousal support because their former spouse has remarried or is cohabiting with someone. That’s very tricky because, in Oregon, spousal support doesn’t end automatically when the former spouse remarries. The question is, does the new husband and/or live-in husband provide the same amount of or more income to the family as the spousal support? Has the purpose of the spousal support now been met through this new marriage or this new cohabitation? It’s a more difficult question than you would think, and there are a lot of things that come into it.
It’s just not that simple, and sometimes the payor spouse is disappointed to find out that the new spouse is really not bringing that much financial support into the family and, therefore, their spousal support is still needed.
Laura Schantz is a family law attorney and mediator practicing in Beaverton, Oregon. To learn more about Laura Schantz and her firm, Schantz Law P.C., visit www.oregondivorceattorney.com.
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