Moyer and Moyer

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Family Law
  • Date Filed: 06-17-2015
  • Case #: A156637
  • Judge(s)/Court Below: PER CURIAM; Ortega, P.J.; Garrett, J.; & Wollheim, S.J.
  • Full Text Opinion

A life insurance obligation must be commensurate with the support award it secures, and so when the support award is reduced or eliminated the life insurance obligation must be appropriately adjusted.

When Husband and Wife divorced, the judgment required Husband pay Wife spousal support indefinitely and maintain a life insurance policy to ensure the support obligation. Following his retirement, Husband requested modification of the support amount and life insurance obligation. The trial court granted modification of the spousal support in the form of step-down payments leading to termination of the support obligation but did not modify the life insurance obligation. The Court held that because the statute requires life insurance adequate to secure the support obligation, the life insurance obligation must be adjusted so it is commensurate with the ordered spousal support. Reversed and remanded to modify life insurance obligation; otherwise affirmed.

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