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