While a lower income former spouse will often be awarded spousal support following an Oregon divorce, that support may be limited or reduced if the lower income former spouse has access to significant wealth or property.

    As an example, if a family lives an ordinary middle class life, and if one spouse has a relatively high paying career, but the other spouse has limited income potential, it is likely that if the couple divorces, the lower income partner will be awarded spousal support.

    However, if that spouse brought a lot of assets into the marriage, and is allowed to take these assets out without splitting them, or if this spouse inherited significant assets which are not split with the higher income spouse, the court will likely take into account the income potential of the assets that the lower income spouse has.  This may lead an Oregon family law judge to award less support than the judge would otherwise have awarded.

    Similarly, if, sometime after a dissolution of marriage in Oregon in which spousal support or alimony was awarded, if the spouse who receives the spousal support gets an inheritance which is big enough to produce significant income, or which otherwise reduces the needs of this person, it is likely that the court would find this to be a change in circumstances sufficient to reduce or possibly even eliminate spousal support.

    These are complex issues, and neither side should take such an outcome for granted.

    They are issues which both sides should be aware of, however, and which both sides should discuss with their lawyers if there is any likelihood of such an outcome.