A paramour is a person who is a love or romantic interest of a married person who is engaging in adultery with the paramour. Spouses engaged in adulterous affairs with paramours sometimes give gifts to their paramours, and often spend marital or community property on such gifts. The non-cheating spouse may pursue a reimbursement claim and ask the court to order the spouse who spent marital assets on a paramour to reimburse the marital or community estate—by returning the gift if it retains its value (jewelry) or replacing the funds with the cheating spouse’s separate property funds.
In Oregon, which is an equitable distribution state, marital assets are divided in a manner that is just and proper in the event of a divorce. If a spouse has spent marital assets on a paramour, the non-cheating spouse may have grounds to pursue a reimbursement claim. The court may consider the dissipation of marital assets when one spouse uses those assets for a purpose unrelated to the marriage, such as gifts to a paramour, especially if it negatively impacts the marital estate. The non-cheating spouse can request the court to order reimbursement to the marital estate. This could involve returning the gift if it retains value, like jewelry, or compensating the marital estate with separate funds from the cheating spouse. However, the specifics of each case can vary, and the court's decision will depend on the circumstances and the evidence presented. It is advisable for individuals in such situations to consult with an attorney to understand their legal rights and options under Oregon law.