Experienced Spousal Support Lawyers Serving Communities Throughout Oregon
In conversations of property division in Oregon, marital property is divided using equitable distribution doctrine. Couples can create a settlement agreement through negotiations with the assistance of their Bend property division lawyers. Divorce attorneys specializing in property division issues can help couples agree on terms about the distribution of assets, debts, and any property acquired by each party during the marriage. While the court will use equitable distribution doctrine to make decisions regarding assets, if couples reach an agreement on the terms of their property divisions before their court date, and it’s fair, a judge will usually accept the agreement into the record.
What is Equitable Distribution?
Oregon law uses equitable distribution doctrine during the property division phase of the divorce process. Couples erroneously assume equitable means equal, but what it means is fair. So, either spouse in a divorce may walk away with less than 50% of the marital property in an equitably divided property settlement. During the property division process, couples will negotiate to determine the distribution of assets and debts. All the property in a marriage are marital assets, but the couple obtains marital estate property during the marriage.
What Factors Does the Court Consider in Divorce Property Division?
When couples cannot reach a settlement agreement because property division issues are causing problems, the case will be decided by a judge.
The judge will make a decision about the property division using several factors, such as:
- How Long the Couple was Married
- How Much Each Spouse Contributed to the Estate
- Amount of Property to Divide
- Needs of the Children
- Anticipated Future Income of the spouses
- Tax impact
- Retirement plans
- pensions
At Pacific Cascade Family Law, our knowledgeable attorneys have experience handling property division cases. Our attorneys are standing by, ready to advise you regarding the details of your case. Call us at (541) 236-9655 to schedule a consultation.