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Oregon Court of Appeals


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Berg and Berg

Summarized by: 

Date Filed: 05-16-2012
Case #: A146447
Wollheim, J. for the Court; Schuman, P.J.; and Nakamoto, J.
Full Text Opinion: http://www.publications.ojd.state.or.us/Publications/A146447.pdf

Family Law: ORS 107.105(1) requires that the division of marital property be "just and proper in all circumstances," Spousal support awards should be based on the trial court's discretion and supported by evidence in the record.

Wife assigned error to the trial court's spousal support award of $15,000 a month for five years, asking that either the duration or the amount of the trial court's award be increased. Husband and Wife were married for 18 years and had acquired various debts and large amounts of property during their marriage. The Husband's monthly income was about $42,000 a month, and there were no signs of a pending decrease. Applying the discretionary standard from Kunze and Kunze, the trial court`s award will be upheld if the findings from the record support the trial court's decision. Additionally ORS 107.105 requires property division to be just and proper in all circumstances. On appeal, the issues concerned the spousal support awarded and the characterization of debt that was incurred from the remodel of the couple's property. The Court of the Appeals found that the spousal support awarded by the trial court was consistent with the evidence in the record, and the trial court properly exercised its discretion because the court acted appropriately in light of the just and proper standard. Affirmed.