Gifts, Inheritances and Retirement Plans in an Oregon Divorce
In Oregon, property received by gift or inheritance and kept separately is not subject to the presumption of equal contribution, while retirement plans and pensions are property the court considers in the division.
Gifts and inheritances
Property acquired by gift to one party during the marriage and separately held by that party on a continuing basis from the time of receipt is not subject to the presumption of equal contribution. “Gift” includes property acquired through gift, devise, bequest, operation of law, beneficiary designation or inheritance (ORS 107.105(1)(f)(D)).
Why separate holding matters
The exception requires that the party hold the property separately on a continuing basis. Putting an inheritance into a joint account can give up the exception, so keep records and keep it in your own name.
Retirement plans
A retirement plan or pension, or an interest in it, is considered property (subparagraph A), so the part earned during the marriage is part of what the court divides.
Premarital property
The statute’s presumption is about property acquired during the marriage; the court still decides what is just and proper for all the parties’ property in the circumstances, and a long marriage can change how premarital assets are treated.
Evidence that helps
Dates and sources for each asset, statements for accounts holding gifts or inheritances and plan statements for retirement accounts.
Keeping the right paperwork
Keep inherited funds in accounts in your name alone and keep records that show their source.
In the calculator
Enter gifts and inheritances you hold separately in the Oregon property division calculator so they stay outside the equal division.
Frequently asked questions
Is an inheritance divided in Oregon?
Not under the equal contribution presumption if it is held separately on a continuing basis.
Can an inheritance lose its protection in Oregon?
Mixing it into joint property can leave it outside the separate-holding exception.
Are pensions divided in Oregon?
A retirement plan or pension interest is considered property.
Is premarital property divided in Oregon?
The presumption covers property acquired during the marriage; the court decides what is just and proper for the rest.
What is a gift under Oregon property law?
Property acquired by gift, devise, bequest, operation of law, beneficiary designation or inheritance.
Official sources
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited Oregon statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Oregon attorney.