How Oregon Divides Property in Dissolution of Marriage (2026)

Oregon is an equitable distribution state. Marital property is divided fairly — not necessarily 50/50. Oregon courts have broad discretion. Fault does not affect property division.

Oregon's Property Division Standard — ORS 107.105

Oregon courts divide marital assets and liabilities in a just and proper manner — which means equitably (fairly). Courts consider:

• Contributions of each spouse (financial and non-financial, including homemaking)
• Duration of the marriage
• Economic circumstances of each spouse at time of division
• Tax consequences of the proposed division
• Retirement benefit losses, if applicable

No fault: Oregon's no-fault system excludes fault (adultery, cruelty) from property division entirely.

Marital Property vs. Separate Property

Marital Property (Subject to Division)

In Oregon, property acquired during the marriage by either spouse is presumed marital. This includes:

• Wages and income earned during the marriage
• Property purchased with marital funds
• Retirement contributions and earnings during the marriage
• Business interests developed during the marriage
• Appreciation of property attributable to marital effort or investment

Separate Property (Generally Protected)

• Property owned before the marriage
• Property received as a gift to one spouse
• Property received by inheritance
• Property agreed to be separate in a prenuptial or postnuptial agreement

Commingling: Oregon courts can award separate property if "just and proper" — Oregon's broad equitable discretion means separate property can potentially be considered if the equities demand it. Protect separate property by keeping it separate and well-documented.

Automatic Temporary Restraining Orders (ATROs)

From the moment the Petition is filed, both parties are under automatic restraining orders. Neither may:

• Transfer, sell, encumber, or conceal marital assets
• Cancel or modify insurance coverage
• Change beneficiary designations on retirement or life insurance

Violation is contempt of court. The ATROs protect both parties while the dissolution proceeds.

Spousal Support in Oregon

Oregon recognizes three types of spousal support (ORS 107.105):

Transitional Support

Time-limited support to help the supported spouse gain education, job skills, or re-enter the workforce. Most common in shorter marriages or where one spouse was a homemaker.

Compensatory Support

Awarded to compensate a spouse who made significant contributions to the other spouse's education, career, or earning capacity. Based on the degree of contribution and resulting career enhancement.

Maintenance Support

Long-term or indefinite support where a spouse cannot achieve self-sufficiency due to age, health, or long absence from the workforce. Factors: duration of marriage, standard of living, earning capacity, health.

Tip: The MSA (Marital Settlement Agreement) should specify which type of support is awarded or that both parties waive all spousal support — "Each party waives any claim for spousal support of any type."

Retirement Account Division

• Employer plans (401k, 403b, pension): QDRO required after Judgment is entered
• Oregon PERS (Public Employees Retirement System): Specific QDRO procedures — contact PERS for current rules
• IRAs: Transfer incident to divorce — no QDRO; direct transfer per divorce decree
• Marital portion: Contributions and earnings from marriage date to separation date

Real Estate Transfer

1. Prepare deed (Warranty Deed or Quitclaim Deed)
2. Sign and notarize
3. Record at the county recording office in the county where the property is located
4. Oregon recording fees are per-page — typically $81+ for the first page plus $5 per additional page
5. No transfer tax on deeds pursuant to dissolution (confirm with county)

Last reviewed: March 2026 | Equitable distribution — ORS 107.105 | 3 types of spousal support | ATROs from filing | QDRO for employer retirement | Oregon PERS has specific procedures

Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.