Oregon is not a community property state. Instead, it follows the principle of equitable distribution. This means that in a divorce, assets and debts acquired during the marriage are divided fairly, not necessarily equally. For example, if one spouse significantly contributed to the household income while the other primarily cared for children, the court might award a larger share of the assets to the primary earner to ensure a just outcome.
The equitable distribution system aims to achieve a balanced and fair division of marital property, considering the unique circumstances of each marriage. This approach offers flexibility, recognizing that contributions to a marriage can take various forms beyond financial input. Historically, many states operated under common-law property rules, which often disadvantaged non-earning spouses. The move towards equitable distribution, adopted by Oregon and other states, reflects a shift towards greater fairness in divorce proceedings.