January 18, 2011

Proposed Oregon House Bill 2816 Would Allow Fault To Be Considered In Setting Spousal Support

House Bill 2816 proposes to allow courts to consider fault in determining spousal support. ¬†Specifically, the proposed change would allow the court to receive evidence of specific acts of a party if ¬†“[t]he court finds at a hearing that the evidence is necessary for a just and equitable judgment fixing the amount and duration of the contribution of one party is to make to support the other.”

The proposed legislation is a complete change from the current law, which bars divorce courts from considering specific acts of conduct except where child custody is at issue.