In re the Marriage of Bates

733 P.2d 1363, 303 Or. 40
CourtOregon Supreme Court
DecidedMarch 17, 1987
DocketTC 37865; CA A30344; SC S31877
StatusPublished
Cited by60 cases

This text of 733 P.2d 1363 (In re the Marriage of Bates) is published on Counsel Stack Legal Research, covering Oregon Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re the Marriage of Bates, 733 P.2d 1363, 303 Or. 40 (Or. 1987).

Opinion

CARSON, J.

This case presents the issue of what analysis should be applied in determining the effect of the remarriage of a supported spouse on a previous award of spousal support.1

The case involves the modification of a dissolution decree in which the trial court originally awarded wife $600 per month and 10 percent of her husband’s employment bonuses as permanent spousal support.2 Several months later, wife remarried and husband moved to modify the decree to eliminate the award of spousal support. The trial court eliminated the bonus provision but retained the $600 per month part of the original decree. The Court of Appeals, in banc, with three judges dissenting, reversed the trial court and terminated the full amount of spousal support. Bates and Bates, 73 Or App 530, 699 P2d 678 (1985). In reaching its decision, the court relied on a 40-year-old case, Nelson v. Nelson, 181 Or 494, 182 P2d 416 (1947), where this court stated:

«* * * ii wouid not be good public policy to compel a divorced husband to support his former wife after she has remarried, except under extraordinary conditions which she should be required to prove. * * *” 181 Or at 500. (Citations omitted.)

Wife, in her petition for review, contends that the Court of Appeals failed to consider the more recent case of Grove and Grove, 280 Or 341, 571 P2d 477, modified 280 Or 769, 572 P2d 1320 (1977). We allowed review in order to consider the effect of remarriage on an award of spousal support in light of Grove, the 1983 amendments to the support award statute, ORS 107.105(1)(d), and the modification statute, ORS 107.135. We now affirm the Court of Appeals but on different grounds.

[43]*43VALIDITY OF THE NELSON RULE FOR REMARRIAGE

The Court of Appeals decided this case believing itself bound by the Nelson statement delineating “good public policy.” Such assertions, unsupported by cited sources of public policy, merely represent the policy views of judges serving at a particular time; they do not bind later courts.

In Grove and Grove, supra, this court held that remarriage is not, as a matter of law, grounds for termination of spousal support. 280 Or at 355. Grove recognized, in its interpretation of the support statute, that a support award was intended, in part, to make up for opportunities to become self-supporting by one spouse that were sacrificed to a homemaking role. 280 Or at 351-52. Grove further reasoned that the standard of self-support is not that required for subsistence; rather, this court approved the Court of Appeals’ comparison to the standard of living during the marriage. Finally, Grove considered the contribution of the homemaker spouse to the marriage to be relevant to a spousal support award.

Subsequent amendments to the support statute in 1983, effective after the original decree and modification order in this case, elaborate on this theme. We believe that the amendments reflect prior law, both statute and caselaw, sufficiently that they can be consulted as guidance for this case.

ORS 107.105(1)(d) provides that:

«* * * jn making such support order, the court shall consider the following:
“(A) The length of the marriage;
“(B) The age and the physical and mental health of the parties;
“(C) The contribution by one spouse to the education, training and earning power of the other spouse;
“(D) The earning capacity of each party, including educational background, training, employment skills and work experience;
“(E) The need for education, training or retraining to enable a party to become employable at suitable work or to enable the party to pursue career objectives to become self-supporting at a standard of living not overly disproportionate to that enjoyed during the marriage to the extent that is possible;
[44]*44“(F) The length of absence from the job market and a realistic appraisal of suitable job opportunities available to a party considering the age of the party and the length of time reasonably anticipated to obtain training or updating of career or job skills;
“(G) The number, ages, health and conditions of dependents of the parties or either of them and provisions of the decree relating to custody of the children, including the length of time child support obligations will be in effect;
“(H) The tax liabilities or benefits to each party and the net spendable income available to each party after accounting for such liabilities and benefits, and the decree may state the court’s findings relating to net spendable income of each party if such statement is requested by either party;
“(I) The amount of long-term financial obligation, including legal fees and costs;
“(J) Costs of health care to a party;
“(K) The standard of living established during the marriage;
“(L) Premiums paid for life insurance on the life of a party ordered to pay support; and
“ (M) Such other matters as the court shall deem relevant in the particular case in order that each party shall have the opportunity to achieve an economic standard of living not overly disproportionate to that enjoyed during the marriage, to the extent that is possible.”

Some of the purposes behind spousal support as reflected in the above-stated considerations are not altered or ended by remarriage. For example, a return on the “contribution of one spouse to the education, training and earning power of the other spouse” in subparagraph (C) continues, as do the costs of becoming “self-supporting at a standard of living not overly disproportionate to that enjoyed during the marriage” and “the length of time reasonably anticipated to obtain training * * *” set forth in subparagraphs (E) and (F). The intent behind subparagraphs (K) and (M) to preserve the parties’ “standard of living established during the marriage” remains as a gauge of the continuing fairness of the support award, even after remarriage. Whatever weight Nelson carried in 1947, it has since been superseded by statute and no longer governs modifications of support obligations upon remarriage.

[45]*45SPOUSAL SUPPORT IN THE PRESENT CASE

On review of a modification decision we begin, as the trial judge must, with the position of the parties as established by the original decree, or by any modification decision immediately preceding the case at issue. The initial spousal support award represents a trial judge’s (or, if appealed, an appellate court’s) assessment of the amount and duration of support best calculated to meet the considerations enumerated in ORS 107.105(l)(d).3

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Cite This Page — Counsel Stack

Bluebook (online)
733 P.2d 1363, 303 Or. 40, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-marriage-of-bates-or-1987.