In re Marriage of Milford

779 P.2d 630, 98 Or. App. 586
CourtCourt of Appeals of Oregon
DecidedSeptember 27, 1989
DocketD8703-61779; CA A50682
StatusPublished
Cited by1 cases

This text of 779 P.2d 630 (In re Marriage of Milford) is published on Counsel Stack Legal Research, covering Court of Appeals of Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Marriage of Milford, 779 P.2d 630, 98 Or. App. 586 (Or. Ct. App. 1989).

Opinion

PER CURIAM

Wife appeals from a judgment of dissolution ending the parties’ 25-year marriage. We modify the judgment to award her $350 per month as permanent spousal support.

The trial court awarded wife $350 per month for six months, apparently concluding that she would find adequate employment during that time and become economically self-sufficient. Spousal support must be based on the situation as it exists at the time of the hearing. Due to wife’s psychiatric problems, whether she can work and how much she can earn is speculative. Due to the disparity in earning capacities between husband and wife, and the length of the marriage, on de novo review we conclude that a permanent award of $350 per month is appropriate.

Judgment modified to award wife $350 per month as permanent spousal support, effective November 21, 1988; affirmed as modified. Costs to wife.

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Related

In re the Marriage of Furlong
852 P.2d 233 (Court of Appeals of Oregon, 1993)

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Bluebook (online)
779 P.2d 630, 98 Or. App. 586, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-marriage-of-milford-orctapp-1989.