Property and the Presumption of Equal Contribution in a Divorce

Send us Fan MailOne of the biggest surprises in divorce?The law often assumes equal contribution, even when one spouse earned the paycheck and the other carried the invisible labor.This episode of Modern Family Matters explores the critical distinctions between marital and separate property in divorce proceedings, with particular emphasis on how these principles apply to business assets. Host Steve Altishin and Founding Attorney Lewis Landerholm explain that Oregon courts have jurisdiction over all property, but the presumption of equal (50-50) contribution applies specifically to marital assets—property that came into existence during the marriage, regardless of whose name appears on the title. The discussion emphasizes that while courts can divide any property, the burden of proof shifts dramatically depending on whether an asset is presumed marital or separate. When businesses are involved, complexity multiplies exponentially due to valuation challenges, emotional attachments, overlapping areas of law (trademark, copyright, regulatory compliance), and potential post-divorce complications. Let’s talk about separate vs. marital property, where this presumption comes from, and how it protects both spouses.If you would like to speak with one of our attorneys, please call our office at (503) 227-0200, or visit our website at https://www.pacificcascadelegal.com.Disclaimer: Nothing in this communication is intended to provide legal advice nor does it constitute a client-attorney relationship, therefore you should not interpret the contents as such.