If I own a home in which my wife is currently residing rent free and utility free, will the judge take this into consideration when determining alimony?

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If I own a home in which my wife is currently residing rent free and utility free, will the judge take this into consideration when determining alimony?

I have left the home and established a separate residence and paid the mortgage and utilities with no help from her for the past 4 months.

Asked on August 22, 2012 under Family Law, Oregon

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

According to the Oregon Bar Association, Spousal support or Alimony is based upon what is "just and equitable under the circumstances." The amount and duration of spousal support is based on a variety of factors. Those factors include: length of the marriage (generally not awarded in short marriages unless a party has substantial health issues); ages of the parties; health of the parties; work experience and earning capacity (probably the most important factor). A court will also look at the standard of living the couple had during the marriage, how the couple deals with property division in the marriage, the parenting plan regarding children, how responsibility for debt is allocated, costs of health care, etc.  I think what you are hoping here is that the court will see this support as payment inlieu of alimony, correct?  I would speak with an attorney here as soon as you can.  Good luck.


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