Divorce

Is Oregon a 50-50 State When it Comes to Divorce?

Many people assume that Oregon is a 50-50 state when it comes to asset and debt division in divorce. In many instances, a 50-50 split is how a court would rule on a specific asset or debt should be divided because there is a presumption of an equitable split.

However, that is not necessarily the case. For example, let us assume that wife incurred significant gambling debt that was unbeknownst to husband. I think it is fair to say that a judge would find it inequitable for husband to be responsible for half of that debt if he was in the dark about this gambling debt.

Same thing with student loan division in a divorce. Student loans, particularly if acquired before the marriage, will not be subject to a 50-50 division presumption. If loans were acquired during the marriage, then they are subject to division, though again a court may not necessarily find that a 50-50 split is equitable.

Ultimately, it is worth calling or writing us to discuss these and other issues.

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