Can a court award alimony to a spouse who has committed adultery?
In Oregon, a court can award alimony to a spouse who has committed adultery. According to Oregon law, the court will look at all of the evidence presented in the case, and the spouse’s conduct is just one factor in considering whether to award alimony or not. In determining whether to award alimony, the court may also look at the length of the marriage, the income of each spouse, the age of each spouse, and their respective healths. Additional factors which may be considered are the value of any assets each spouse had prior to the marriage and their contribution to the household. It is important to note that Oregon does have a “fault” rule in alimony cases, which means that a spouse’s wrongdoing can be considered when deciding whether to award alimony. However, the court will focus more on a spouse’s overall financial need when determining alimony. In addition, courts in Oregon are encouraged to award rehabilitative alimony as opposed to permanent alimony, meaning that an adulterous spouse may be awarded alimony, but the payments are meant to provide temporary support for the other spouse while they obtain necessary job skills or secure suitable employment.
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