Willamette Law Online

Oregon Court of Appeals


Rushby and Rushby

Summarized by: 

Date Filed: 12-29-2011
Case #: A144086
Hadlock, J. for the Court; Ortega, P.J.; & Sercombe, J.
Full Text Opinion: http://www.publications.ojd.state.or.us/A144086.pdf

Family Law: Retirement accounts accrued during marriage shall be construed as martial property, regardless of payout status, for the purposes of marital dissolution.

Wife appealed the trial court’s ruling that classified husband’s retirement account – which was in payout status – as an income stream for the purpose of division of marital property. Wife appealed, arguing that ORS 107.105(1)(f) classified retirement accounts as property. Husband argued that his case distinguished itself from the statutory definition because the retirement accounts were in payout status and were the party’s sole income. The Court of Appeals rejected husband’s argument, and held that all retire accounts accumulated during marriage are marital assets for the purposes of property division. Reversed and remanded.