Based upon the length of the marriage and your work history, you are almost certainly entitled to some spousal support from him, if he has a job that will provide for it. Just how much will have to be determined. There are three types of spousal support that can be ordered under Oregon law:
Transitional support: This is ordered on a temporary basis, to allow a spouse who has been supported by the other to find work and become self-sufficient. You'd certainly qualify for this, at least.
Compensatory support: This is ordered on behalf of a spouse who made a significant contribution to the other spouse's earning capacity, typically by helping them pay for school or otherwise advance in their profession. The spouse who was assisted in this way may be asked to compensate the spouse who made sacrifices to help them. There's no information to say whether this would be applicable in your case.
Spousal maintenance: This is ordered for a person who has spent so long supported by their spouse, they are incapable of supporting themselves and divorcing any other way. It is typically ordered only in marriages that have lasted many years. It's not clear to me whether yours would be long enough. 9 years is on the short end, but your age might make re-entry to the work force quite difficult, so it's worth pursuing.
Spousal support is never automatic, and is ordered at the discretion of the court. You should consult with an attorney if you want to know if spousal support will apply in your case. Spousal support can involve substantial amounts of money over many years, and can have considerable tax implications. A good result on this issue is worth the investment.
Please read the following notice: <br> <br> Jay Bodzin is licensed to practice law in the State of Oregon and the Federal District of Oregon, and cannot give advice about the laws of other jurisdictions. All comments on this site are intended for informational purposes only, and are not intended to constitute legal advice, create an attorney-client relationship, or solicit business. No posts or comments on this site are in any way confidential. Each case is unique. Information not contained in these posts may create significant exceptions to the advice provided in any response. You are advised to have counsel at all stages of any legal proceeding, and to speak with your own lawyer in private to get advice about your specific situation. <br> <br>
I agree with Mr. Bodzin. You are entitled to spousal support. The amount will depend upon what your husband earns. The rule of thumb for the duration is about half the marriage. The sooner you get to a divorce attorney, the sooner you will start getting spousal support. Good luck.
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