From time to time, clients discover their spouse or partner is recording their phone calls. The first question is usually, "Isn't that a crime?!"
In many states it is, in fact, a crime to record phone conversations. Oregon, however, is known as a "one-party consent" state. That is, if one party consents to the recording, it is lawful to record all or part of the conversation. For practical purposes, this means as long as the person making the recording consents, the recording is legal.
Note that the law is clear that an individual cannot use a device or machine to record a conversation unless all parties of the conversation are explicitly informed that their conversation is being recorded.
Spousal support is an amount of money paid by one spouse to the other for the receiving spouse's future benefit. In Oregon, there are different types of spousal support: (1) transitional, (2) compensatory, and (3) maintenance. Any combination of the 3 types of support can be ordered; however, the amount and duration of the support must be “just and equitable."
Transitional spousal support is intended to enable a party to “attain education and training necessary to allow the party to prepare for reentry into the job market” or for advancement in the workforce. ORS 107.105(1)(d)(A). In order to award such support, a court may consider, but is not limited to, the following factors:
(i) The duration of the marriage;
(ii) A party’s training and employment skills;
(iii) A party’s work experience;
(iv) The financial needs and resources of each party;
(v) The tax consequences to each party;
(vi) A party’s custodial and child support responsibilities; and
(vii) Any other factors that the court deems just and equitable.
Compensatory spousal support may be ordered when it is determined that one party has made “a significant financial or other contribution” to the “education, training, vocational skills, career or earning capacity of the other party.” ORS 107.105(1)(d)(B). The court may consider the following factors or other factors:
(i) The amount, duration, and nature of the contribution;
(ii) The duration of the marriage;
(iii) The relative earning capacity of the parties;
(iv) The extent to which the marital estate has already benefited from the contribution;
(v) The tax consequences to each party; and
(vi) Any other factors that the court deems just and equitable.
Maintenance spousal support may be ordered for either a specified or an indefinite period of time. In ordering maintenance support, a court may consider but is not limited to the following factors:
(i) The duration of the marriage;
(ii) The age of the parties;
(iii) The health of the parties, including their physical, mental, and emotional condition;
(iv) The standard of living established during the marriage;
(v) The relative income and earning capacity of the parties, recognizing that the wage earner’s continuing income may be a basis for support distinct from the income that the supported spouse may receive from the distribution of marital property;
(vi) A party’s training and employment skills;
(vii) A party’s work experience;
(viii) The financial needs and resources of each party;
(ix) The tax consequences to each party;
(x) A party’s custodial and child support responsibilities; and
(xi) Any other factors the court deems just and equitable.
A fundamental goal of maintenance support is “to enable the parties to live separately at a standard of living” comparable to that enjoyed during the marriage, “to the extent possible.” In re Marriage of Potts, 217 Or App 581, 590, 176 P.3d 1282 (2008).
Unlike the method for determining child support, there is no set calculator to determine an amount of spousal support. Instead, spousal support is determine with a fact-specific inquiry using the factors described above.
If you have been a victim of domestic violence, you may be able to obtain a Family Abuse Prevention Act (FAPA) restraining order in the event your situation falls within the following criteria: