DeAngeles and DeAngeles

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Family Law
  • Date Filed: 08-19-2015
  • Case #: A155365
  • Judge(s)/Court Below: Nakamoto, P.J. for the Court; Egan, J.; & Wilson, S.J.
  • Full Text Opinion

When considering a spousal award for maintenance support, it is "improper to award support for a period of time that is defined by a contingency the occurrence of which is a matter of mere speculation."

Husband sought maintenance spousal support from wife. The trial court granted maintenance support for the husband for two years in the amount of $1,000 per month. However, in the trial courts general judgment, it stated the award was transitional spousal support. Transitional and maintenance support have different factors the court must consider in awarding one and the husband did not request transitional support nor would it be appropriate in this case according to the Court. The Court held that the trial court erred in its judgment of transitional support and must reconsider the maintenance spousal support in light of the "legal principles regarding long-term marriages." The Court also held that it is "improper to award support for a period of time that is defined by a contingency the occurrence of which is a matter of mere speculation." Award of spousal support reversed and remanded; otherwise affirmed.

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