In re Marriage of Schnebly

930 P.2d 225, 145 Or. App. 188, 1996 Ore. App. LEXIS 1854
CourtCourt of Appeals of Oregon
DecidedDecember 11, 1996
Docket15-95-01655; CA A90740
StatusPublished
Cited by1 cases

This text of 930 P.2d 225 (In re Marriage of Schnebly) 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 Schnebly, 930 P.2d 225, 145 Or. App. 188, 1996 Ore. App. LEXIS 1854 (Or. Ct. App. 1996).

Opinion

HASELTON, J.

In this appeal from a dissolution judgment, husband assigns error to the trial court’s award of spousal support. The trial court awarded spousal support to wife of $1,000 per month for four years, $750 per month for two years, and $500 a month for two more years. We review de novo, ORS 19.125(3), and affirm.

The parties were married for 13 years and had lived together for about 18 months before their marriage. There are no children. At the time of trial, husband was 36 years old; wife’s fortieth birthday was two weeks after the trial. When the parties were first married, wife was finishing her masters degree in counseling at Oregon State University and working as a teaching assistant. Husband was a student in pharmacy. After receiving her degree in 1981, wife worked at the university financial aid office as an assistant grant specialist, earning between $500 and $600 a month.

After husband graduated in 1983, he took a job as a staff pharmacist at Sacred Heart Hospital in Eugene at a salary of $15 an hour. When he left the position in August 1991, he was earning $23 an hour. Shortly after husband began working at Sacred Heart, the parties moved from Corvallis to Eugene, where wife did research work on a part-time basis. She did not seek full-time employment and testified that her part-time work enabled her to spend time with husband who, at first, worked eight nights followed by six nights off. In 1990, wife decided to pursue a doctorate degree in the field of public health, a decision supported by husband.

In August 1991, husband took a position as Director of Pharmacy for Douglas Community Hospital in Roseburg at a salary of $45,000 a year. The hospital was one of 13 owned by Health Trust Hospital Company, Inc., in the western United States. While there, husband was involved with a pharmacy advisory committee for Health Trust and did consulting work for Health Trust on pharmacy operations. He instituted cost-savings techniques at the hospital that saved Health Trust about $250,000 and made recommendations as to how a pharmacy at another facility could cut costs. By 1993, his salary had increased to $55,488.

[191]*191At the time husband took the Roseburg position, wife was “in the middle of’ her Ph.D. program at the University of Oregon. Wife was not enthusiastic about moving to Roseburg but agreed to do so with the understanding that the move would be for a short period of time and that, to enhance her employment opportunities, the couple’s next move would be to a community with a university. For the first two academic terms after the move to Roseburg, wife rented an apartment in Eugene because of her full-time class load and the work demanded by her assistantship. Thereafter, she commuted to Eugene from Roseburg until she finished her degree in 1993, graduating with almost a 4.0 grade average. After graduating, wife applied for two post-doctoral positions, both of which would have required relocating. She was turned down for both positions.

In July 1993, while in Roseburg, husband began studying for a masters degree in health care administration from the University of Colorado. He did four weeks of classroom training in Denver and the remainder by computer. He pursued the program in order to learn more about hospital administration in order to give himself “more choices” in his career. The administrative component supplemented his clinical knowledge of health care.

In the spring of 1994, husband began looking for a new job, and, in May, the parties went to Tennessee to look at a position that husband was considering. Husband indicated to wife that it was important to him that she be “happy” with where they moved, and wife inquired about universities and colleges in the area. About two months after returning from Tennessee, the parties separated. In September, husband was hired as Materials Coordinator for Health Trust and moved to Salt Lake City. In April 1995, Health Trust merged with Columbia HCA Healthcare Corporation. Husband continued to hold the same position but testified that the position was somewhat vulnerable, because the person who had recruited him and had acted as his mentor had recently resigned. Husband’s base salary with Columbia was $74,463. In addition, he received a bonus in May of $8,750. His employment benefits include medical and dental insurance, at a cost to him of $17.79 a month, life insurance, a 401(k) [192]*192retirement plan and reimbursement for travel and entertainment expenses.

Husband testified that his immediate career goals are to take a position as a chief operating officer or chief clinical officer for a hospital, which he hoped to do within a year or two after trial. Testimony from a career counselor called by wife was that a masters degree in health care administration is “the most highly-sought degree for the top executives for both hospitals and health care corporations” and has a base salary range from $50,000 to $300,000. Husband has outstanding student loans of approximately $28,000.

Wife testified that she hopes to pursue the teaching and research career for which she has prepared but has not found employment. She has returned to Eugene where she has worked in grant-funded positions of limited duration. She testified that she has worked between 60 to 70 hours a week, some of which was unpaid work seeking grant funding. She earns about $1,700 a month and receives about $400 a month from a family trust. She has no significant benefits from her employments. She rents a room from a friend for $200 per month and testified that she would have to pay about $250 a month to continue her health insurance through husband’s employer. She has no debts from the marriage.

The trial court awarded spousal support to wife of $1,000 a month for four years, $750 a month for two years, and $500 a month for two more years. Husband assigns that award as error. The primary focus of husband’s argument is ORS 107.105(l)(d)(F), which provides that, in awarding spousal support, the court is to consider

“[t]he extent to which the present and future earning capacity of a party is impaired due to the party’s extended absence from the job market to perform the role of homemaker, * * * where it is likely that the party will never substantially recover from the loss of economic position due to the extended absence, and where the other party has, during the marriage, achieved a substantially advantageous economic position through the joint efforts of the parties!.]”

Husband argues that wife’s earning capacity is not impaired due to an absence from the job market occasioned by her role [193]*193as a “homemaker.” Rather, husband contends, “wife chose to work part-time, despite the fact that the parties had no children, and she was not needed as a mother and homemaker.” He argues that her earning capacity is due to the “respective choices regarding careers” (emphasis husband’s) that the parties made and that wife’s current unfavorable career position is the result of her “decision not to pursue a PhD until 1990.” He summarizes:

“Throughout the parties’ marriage, Wife has had the good fortune to be able to do what she chose, and to pursue a career change at an age when many people are constrained by the need to support their children from returning to school.

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Related

In Re the Marriage of Van Riesen
177 P.3d 34 (Court of Appeals of Oregon, 2008)

Cite This Page — Counsel Stack

Bluebook (online)
930 P.2d 225, 145 Or. App. 188, 1996 Ore. App. LEXIS 1854, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-marriage-of-schnebly-orctapp-1996.