Oregon Divorce Property Division

System
Equitable Distribution
Default Split
50 / 50
Governing Statute
Or. Rev. Stat. §107.105

What the Law Says

Oregon courts divide marital property under an equitable distribution standard — the judge decides what's fair, which may or may not be 50/50. The statute lists specific factors the court must weigh.

Oregon divides all marital assets equitably. Courts consider contributions of each party and the long-term financial impact of the division, aiming for overall financial fairness.

Statutory Factors (Or. Rev. Stat. §107.105)

Oregon courts are required to consider:

  1. Duration of the marriage
  2. Income and liabilities of each spouse
  3. Contributions to the marriage including homemaking
  4. Future earning capacity
  5. Tax consequences
  6. Waste or dissipation of marital assets
  7. Custodial needs
  8. Any other factors for fairness

Common Questions

Oregon: community property or equitable distribution?

Equitable distribution. Under Or. Rev. Stat. §107.105, the court divides marital property based on 8 statutory factors. The default starting point is 50/50, but judges can adjust.

What factors does a Oregon court weigh?

Or. Rev. Stat. §107.105 lists 8 factors. The first three: Duration of the marriage, Income and liabilities of each spouse, Contributions to the marriage including homemaking. The full list is above.

Does Oregon split retirement accounts in a divorce?

Yes. 401(k)s and pensions earned during the marriage are marital property. Dividing them usually requires a QDRO (Qualified Domestic Relations Order).

ClearSplit runs Oregon's equitable distribution rules on your actual assets and debts.

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Source: Or. Rev. Stat. §107.105 AI draft · Full law library entry