Oregon Marital Settlement Agreement
An Oregon marital settlement agreement lets divorcing spouses divide their property and debts, set spousal support, and address custody and child support, then have those terms incorporated into the judgment of dissolution. Attorney review available.
Find out where you stand in Oregon
Where are you in settling the terms of your divorce?
DocDraft provides document preparation, not legal advice.
Introduction
Oregon divides marital property starting from a rebuttable presumption that both spouses contributed equally to what they acquired during the marriage (ORS 107.105(1)(f)), and a marital settlement agreement is the written contract divorcing spouses use to settle that division of property, debts, and spousal support, plus (by reference) custody and child support, so the terms can be incorporated into the judgment that ends the marriage. Oregon is an equitable-distribution state, not a community property state: on dissolution the court divides property as may be just and proper in all the circumstances (ORS 107.105(1)(f)), starting from a rebuttable presumption that both spouses contributed equally to the acquisition of property during the marriage. The result is a fair division, not an automatic 50/50 split, and spouses can settle it themselves rather than leaving it to the court. Oregon has no statewide formula for spousal support; under ORS 107.105 a court may award any one or a combination of three named types (transitional, compensatory, and maintenance) after weighing the statutory factors. Custody and child support follow Oregon's statewide child support guideline formula (ORS 25.275), stay subject to court approval, and remain modifiable, so an agreement cannot bargain them away. Oregon strongly encourages settlement and enforces a judgment that incorporates a marital settlement agreement to the fullest extent possible, as a contract or by any remedy available to enforce a judgment, including contempt (ORS 107.104). DocDraft builds your Oregon marital settlement agreement from your facts, with attorney review available before you sign.
Key Things to Know
- 1
Oregon strongly encourages divorcing spouses to settle and enforces a judgment that incorporates their agreement to the fullest extent possible, and an Oregon marital settlement agreement is the written contract spouses use to settle property and debt division, spousal support, and by reference custody and child support, so those terms can be incorporated into the judgment that ends the marriage.
- 2
Oregon is an equitable-distribution state, not a community property state. On dissolution the court divides property as may be just and proper in all the circumstances (ORS 107.105(1)(f)), so the division is meant to be fair rather than a fixed 50/50 split.
- 3
Oregon starts from a rebuttable presumption that both spouses contributed equally to the acquisition of property during the marriage (ORS 107.105(1)(f)). A marital settlement agreement lets the spouses set their own division instead of litigating it.
- 4
Oregon has no statewide formula for spousal support. Under ORS 107.105 a court may award any one or a combination of three named types: transitional support (to prepare for reentry into the job market), compensatory support (for a significant contribution to the other spouse's education, career, or earning capacity), and maintenance (support for a specified or indefinite period).
- 5
Child support follows Oregon's statewide guideline formula (ORS 25.275). Spouses may agree on support terms, but custody and child support stay subject to court approval and can be modified later, and cannot be bargained away.
- 6
Oregon strongly encourages settlement of dissolution cases and enforces a judgment that incorporates a marital settlement agreement to the fullest extent possible, as contract terms using contract remedies or by any remedy available to enforce a judgment, including contempt (ORS 107.104).
- 7
An Oregon marital settlement agreement should be in writing and signed by both spouses so it can be incorporated into the judgment. No Oregon statute requires notarizing the agreement, though signing before a notary can help prove the signatures are genuine.
Key decisions before you file
Before you file a Marital Settlement Agreement in Oregon, a few decisions shape the document: which option to choose and what each one means. The Marital Settlement Agreement guide walks through them.
Open the Marital Settlement Agreement guideCustomize your Marital Settlement Agreement Template with DocDraft
Oregon Requirements for Marital Settlement Agreement
Equitable Distribution, Not Community Property
Oregon is an equitable-distribution state. On dissolution the court divides property as may be just and proper in all the circumstances (ORS 107.105(1)(f)), so the division is meant to be fair rather than an automatic 50/50 split.
Rebuttable Presumption of Equal Contribution
Oregon starts from a rebuttable presumption that both spouses contributed equally to the acquisition of property during the marriage (ORS 107.105(1)(f)). A marital settlement agreement lets the spouses set their own division instead of litigating it.
No Statewide Spousal Support Formula
Oregon has no statewide formula for spousal support. Under ORS 107.105 a court sets the type, amount, and duration by weighing the statutory factors, not by a fixed percentage or duration.
Three Types of Spousal Support
Under ORS 107.105 an Oregon court may award any one or a combination of three types of spousal support: transitional support to prepare for reentry into the job market, compensatory support for a significant contribution to the other spouse career or earning capacity, and maintenance for a specified or indefinite period.
Child Support Follows the Guideline
Child support follows the Oregon statewide guideline formula established under ORS 25.275, used in any judicial or administrative proceeding. The parties may agree on an amount, but child support cannot be bargained away.
Custody and Child Support Stay Modifiable
Custody and child support terms in an Oregon marital settlement agreement remain subject to court approval and can be modified later in the best interests of the children. These terms are never fixed the way a property division can be.
In Writing and Signed
An Oregon marital settlement agreement should be in writing and signed by both spouses so it can be incorporated into the judgment. No Oregon statute requires notarizing the agreement, though signing before a notary can help prove the signatures are genuine.
Settlement Encouraged and Enforced
Oregon strongly encourages settlement and enforces a judgment that incorporates a marital settlement agreement to the fullest extent possible, as contract terms using contract remedies or by any remedy available to enforce a judgment, including contempt (ORS 107.104).