Q: Modifying spousal support in Oregon to indefinite.
I was divorced in 2015. We mutually agreed on spousal support for 5 years. I am permanently disabled under social security. I am seeking a modification to extend support indefinitely. Since my disability was not addressed in the initial divorce would that fall under a change in circumstance or would I need to prove my ongoing need for support? The law states I have to have a substantial change in circumstance and my income has decreased since the divorce and expenses have increased.
A: Based on the facts you presented, it is unclear if you will be able to modify your spousal support. If you were disabled before the divorce and you agreed to 5 years of spousal support knowing you were disabled, you will likely not be able to change your spousal support. If, however, the disability is new and was not diagnosed until after the divorce, you may have grounds to modify. You should speak with an attorney to further explore your options.
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