Asset Division

In Oregon there is a statutory presumption that each party has contributed equally to the acquisition of all assets accumulated during the marriage. This presumption may be rebutted in some circumstances. Assets accumulated before marriage and separately held during the marriage are generally awarded to the party who owned the asset before marriage. However, if an asset was accumulated before marriage but used by both spouses, the asset may be considered “commingled” and its value subject to division. Retirement accounts are generally valued as of marriage and separation, and only the portion accumulated during marriage will be divided through a Qualified Domestic Relations Order (QDRO), resulting in a separate account for each spouse. However, large inheritances or disparate earning capacities, spousal and child support awards, among many other factors can affect asset division. The court divides assets according to what is just and equitable under all the circumstances, and may deviate from the usual rules as necessary to reach a just and equitable result. However, a prenuptial or antenuptial agreement between the parties, if enforceable, will supersede the law which otherwise guides the court’s asset division decisions.

For more information, contact us at 503-585-0157 or sbaldwin@oneillbaldwin.com. We offer *FREE one-half hour consultations, and would be happy to discuss your case and answer your initial questions.

NOTICE: The above summary is meant for informational purposes and is not intended to be legal advice. It is meant merely as a broad overview of the rules applicable to the majority of cases, and does not diminish the need to consult with a professional regarding your specific circumstances.