Bailey v. Bailey

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Family Law
  • Date Filed: 02-23-2012
  • Case #: A145725
  • Judge(s)/Court Below: Brewer, C.J. for the Court; Ortega, P.J.; and Hadlock, J.
  • Full Text Opinion

In determining a "just and equitable" amount in spousal support payments, a goal in a dissolution of a long term marriage is to provide a standard of living comparable to the one enjoyed during the marriage.

Appeal from a dissolution judgment by Wife. The trial court ordered Blair Bailey (Husband) to pay Kathy Bailey (Wife) $5,000 per month through September 2011, $3,500 per month through September 2017, and $1,500 per month indefinitely. The Wife appealed the judgment. The Court of Appeals reviewed the trial court's determination of a "just and equitable" amount of support under an abuse of discretion standard. The Court applied factors relevant to the determination of spousal support, such as: the length of the marriage, the standard of living established during the marriage, and each parties' earning capacity. The Court determined that the Husband's earning capacity was substantially greater than the Wife's. Also, the trial court's award would not afford the Wife a lifestyle comparable to the one enjoyed during the 24 years of marriage. As a result, the Court increased spousal support to $7,000 per month for 18 months, $6,000 per month for the next six years, and $4,000 per month indefinitely. Reversed and remanded.

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