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279 P.3d 286
Or. Ct. App.
2012
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Background

  • Married in Aug 1992, separated in 2005 after 17 years of marriage; trial in May 2009.
  • Husband is a dentist with gross monthly income about $42,000; wife’s potential earning capacity $4,167 monthly.
  • After dissolution petition, husband remodeled the Old Cherry Lane home, incurring debt to the tune of $180,000–$190,000 and increasing second mortgage from $63,000 to $253,000.
  • Trial court awarded wife $15,000 per month in spousal maintenance for five years.
  • Disposition of debt from remodeling was contested; court treated $155,655 as marital debt for asset division.
  • Court divided assets roughly equally, with each party receiving about $1.24 million in property; overall net assets about $2.48 million.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Spousal support amount and duration just and equitable Wife argues for indefinite or longer duration; high expenses and income disparity justify more support. Husband contends the trial court’s five-year term and amount are appropriate given health, age, and earning potential. Court affirmed, finding support amount and five-year duration not an abuse of discretion.
Treatment of remodel debt as marital debt in property division Wife contends only $63,518 of the second mortgage is marital debt; predissolution agreement favors this. Husband argues the entire balance is marital debt due to expectancy of equity offset; opposing views exist. Court affirmed treating $155,655 as marital debt and not error in the division.

Key Cases Cited

  • Kunze and Kunze, 337 Or 122 (2004) (standard for reviewing property division; just and proper division)
  • Bailey and Bailey, 248 Or App 271 (2012) (deference to trial court on discretionary support determinations)
  • Gay and Gay, 250 Or App 31 (2012) (reasonableness in discretionary maintenance review)
  • Shelton and Shelton, 196 Or App 221 (2004) (licensing adoption; discretionary maintenance review (recons, 2005) "(adh’d)")
  • Porter and Griffin, 245 Or App 178 (2011) (evidence-based review of trial court findings)
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Case Details

Case Name: In re the Marriage of Berg
Court Name: Court of Appeals of Oregon
Date Published: May 16, 2012
Citations: 279 P.3d 286; 2012 Ore. App. LEXIS 619; 2012 WL 1711575; 250 Or. App. 1; 052380D2; A146447
Docket Number: 052380D2; A146447
Court Abbreviation: Or. Ct. App.
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    In re the Marriage of Berg, 279 P.3d 286