Coos Bay, OR asked in Family Law for Oregon

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.

Related Topics:
1 Lawyer Answer
Jessica Larsen
Jessica Larsen
  • Hillsboro, OR
  • Licensed in Oregon

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.