In re the Marriage of Roppe

64 P.3d 1145, 186 Or. App. 632, 2003 Ore. App. LEXIS 299
CourtCourt of Appeals of Oregon
DecidedMarch 6, 2003
Docket01C-31862; A116470
StatusPublished
Cited by14 cases

This text of 64 P.3d 1145 (In re the Marriage of Roppe) 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 the Marriage of Roppe, 64 P.3d 1145, 186 Or. App. 632, 2003 Ore. App. LEXIS 299 (Or. Ct. App. 2003).

Opinion

KISTLER, J.

Husband appeals from a dissolution judgment that, in relevant part, awarded wife $1,000 a month in indefinite spousal maintenance support. He contends that, because wife is young, healthy, and capable of working full time, the court erred in awarding her indefinite support. On de novo review, we modify the trial court’s judgment.

Husband and wife married in 1983. At the time of the dissolution hearing, wife was 39 years old and husband was 41 years old. During most of the marriage, husband worked as a salesman. His base salary is $1,500 per month, and the rest of his income comes from commissions. The trial court found that husband’s gross monthly income is $4,600 a month. Wife has a high school education and, for the past 13 years, has worked as a cake decorator at a Fred Meyer store. She earns $13 an hour and works 24 hours a week. Husband and wife agreed that she would work part time and stay home the rest of the time with their two children.1 As a result of working part time, wife has not gained any seniority in her job.

At the time of the hearing, no additional hours were available at wife’s store, and there have been no openings for cake decorators at other Fred Meyer stores.2 Although wife was precluded from decorating cakes for a competitor, she acknowledged that she could supplement her current income by working part time in another field. However, she had not checked into other part-time work outside of cake decorating because it was. not within her “trained skill.” For wife to obtain a different skill, she would have to go back to school.

The trial court noted that wife “seem[ed] real resistant to the idea of taking a job and doing anything other than decorating cakes.” The court asked wife whether it seemed sensible for her to take another part-time job in a different [635]*635field, even if that meant earning less than what she was making as a cake decorator. Wife answered, “It’s just that I have worked for Fred Meyer’s for 14 years, you know, and I would like the hours there.” The trial court found that wife’s potential gross income is $1,690 per month, which consists of the wages she earns working 24 hours a week as a cake decorator combined with the amount she could earn if she worked a minimum wage job an additional 16 hours a week.

After considering the evidence, the trial court divided the parties’ property roughly equally between them, awarded wife custody of their two children, and ordered husband to pay $637, then $678 a month in child support. It also awarded wife spousal maintenance support, in the amount of $1,200 a month until the parties’ home was sold, but not to exceed two years, and then $1,000 a month indefinitely. See ORS 107.105(1)(d)(C).3

On appeal, husband contends that, although $1,000 per month for five years would be a reasonable sum for spousal support, an award of maintenance support after that time is inappropriate because, by the end of the five-year period, wife can be employed full time and can be self-supporting. As we understand husband’s argument, he contends that the trial court should have awarded spousal maintenance support for a “specified [rather than] an indefinite period.” ORS 107.105(l)(d)(C).4 In response, wife contends that, given the [636]*636length of the marriage, her lack of education and work experience, and the parties’ relative earning capacities, the trial court correctly awarded her indefinite spousal maintenance support.

In determining the amount and duration of spousal support, ORS 107.105(1)(d)(C) provides that we may consider, among other things, the duration of the marriage, the age and health of the parties, the standard of living established during the marriage, the relative income and earning capacities of the parties, the parties’ training, employment skills and work experience, and “[a]ny other factors the court deems just and equitable.” ORS 107.105(1)(d)(C). The purpose of the award is “not to eliminate all disparities in the parties’ incomes or to enable one party to look indefinitely to the other for support, if self-support at a reasonable level is or will be possible.” See Ley and Ley, 133 Or App 138, 141, 890 P2d 440 (1995).

In its oral remarks, the trial court explained that indefinite spousal maintenance support was appropriate for two related but separate reasons. First, the court stated that spousal support is “going to be required to maintain [wife] in the fashion that’s anywhere close to what she’s enjoyed during the marriage for the last six or eight years or so.” Second, although the court recognized that wife could earn more money than she was earning at the time of the hearing, it concluded that “her earning capacity is substantially less than [husband’s] and is likely to continue to be substantially less than his for the foreseeable future.”

In reviewing the trial court’s spousal support award, we begin with the amount and then turn to the duration. The trial court ordered husband to pay wife $1,200 a month in spousal support for two years or until the house is sold, whichever period is shorter, and, after that, to pay her $1,000 a month. Husband does not dispute that he should pay wife $1,000 a month for five years but asks that we modify his spousal support obligation after that five-year period.5 We [637]*637agree with the trial court that it is appropriate for husband to pay a higher amount initially. The parties had been married for 18 years. At the time of the hearing, wife’s job skills were limited and working part time had prevented her from acquiring seniority at her job. A five-year period gives wife the opportunity to acquire a full-time job that will provide her with a more reasonable monthly income, either in her present field or in a different one.

We disagree, however, with the trial court that wife should continue to receive $1,000 a month after that five-year period. Wife was 39 years old at the time of the hearing. She was in good health, and nothing prevented her from acquiring full-time work in a related or different field that would allow her to earn a higher monthly income than she was earning at the time of the dissolution hearing. In such circumstances, we have stepped down support to encourage the dependent spouse to become more financially independent and self-supporting. See McLennan and McLennan, 140 Or App 379, 382, 914 P2d 711 (1996); Ley, 133 Or at 142; Madden and Madden, 114 Or App 319, 325-26, 836 P2d 1349 (1992). We agree with husband that five years is a reasonable period to permit wife to find new or additional work. The question that remains is whether spousal support should be terminated after five years or merely reduced.

In resolving that issue, the case law has focused on the duration of the marriage, wife’s age and health, the parties’ relative income and earning capacities, their financial needs and resources, and the prospect that wife can become self-supporting. See

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Bluebook (online)
64 P.3d 1145, 186 Or. App. 632, 2003 Ore. App. LEXIS 299, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-marriage-of-roppe-orctapp-2003.