Hughes-Kuda and Kuda

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Family Law
  • Date Filed: 07-06-2017
  • Case #: A160747
  • Judge(s)/Court Below: DeVore, P.J. for the Court; Garrett, J.; & Duncan, J.
  • Full Text Opinion

ORS 107.105(1)(d)(C) provides a set of factors that a trial court considers when determining the appropriate amount and duration of spousal support to be awarded. This list includes, but is not limited to, the duration of the marriage; age and health of the parties; any standard of living established during marriage; and the relative income and earning capacity of the parties, in addition to other proscribed factors.

Husband appealed from the trial court's judgment awarding him spousal support in the amount of $2,750 per month for a duration of 6 years, on the grounds that it was an abuse of the trial court's discretion. Husband assigned error to the trial court's failure to award him indefinite spousal support. On appeal, Husband contended that the lower court "failed to recognize the 'breadwinner/homemaker paradigm'", and that its decision to not award indefinite support constituted a legal error. ORS 107.105(1)(d)(C) provides a set of factors that a trial court considers when determining the appropriate amount and duration of spousal support to be awarded. This list includes, but is not limited to, the duration of the marriage; age and health of the parties; any standard of living established during marriage; and the relative income and earning capacity of the parties, in addition to other proscribed factors. The Court of Appeals found that Husband did not suffer any economic harm, nor any loss of earning capabilities resulting from the marriage and its subsequent dissolution. Therefore, the Court held that while the trial court's decision may potentially effect Husband's standard of living, it did not constitute an abuse of discretion. Affirmed.

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