Matter of Marriage of Graham and Graham

Court of Appeals of Oregon

Matter of Marriage of Graham and Graham

717 P.2d 655, 78 Or. App. 665

CourtCourt of Appeals of Oregon

DecidedApril 16, 1986

Docket15-84-04050; CA A36557

StatusPublished

Cited by2 cases

This text of 717 P.2d 655 (Matter of Marriage of Graham and Graham) 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.

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Matter of Marriage of Graham and Graham, 717 P.2d 655, 78 Or. App. 665 (Or. Ct. App. 1986).

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Opinion

*666 PER CURIAM

Husband appeals in this dissolution proceeding. He contests the trial court’s division of his pension benefits, the award of spousal support and the admission of certain evidence.

The trial court awarded wife one-half of husband’s pension benefits, payable to her as husband receives them. The applicable portion of the judgment states:

“[Wife] is awarded one-half of the pension plan * * * existing by virtue of [husband’s] employment with Pope & Talbot, Inc., Oakridge, Oregon, in which [husband] is a participant. Said one-half of the plan is payable to [wife] upon the termination, early retirement, normal retirement, or the death or disability of the [husband], whichever condition occurs first.”

Wife concedes that she is not entitled to share in any increase in the pension due to post-dissolution contributions, and that her interest must be valued as of the date of dissolution. Rogers and Rogers, 45 Or App 885, 896, 609 P2d 877, modified 47 Or App 963, 615 P2d 412, rev den 289 Or 659 (1980), modified 50 Or App 511, 623 P2d 1108, rev den 290 Or 853 (1981). Because the record is totally silent on values, we must remand the case to the trial court to determine the value of wife’s one-half interest in the pension at the time of dissolution.

There is no merit to any of husband’s other assignments of error.

Reversed and remanded for a determination of the value of husband’s pension at the time of dissolution; otherwise affirmed. Costs to neither party.

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*666 PER CURIAM

Husband appeals in this dissolution proceeding. He contests the trial court’s division of his pension benefits, the award of spousal support and the admission of certain evidence.

The trial court awarded wife one-half of husband’s pension benefits, payable to her as husband receives them. The applicable portion of the judgment states:

“[Wife] is awarded one-half of the pension plan * * * existing by virtue of [husband’s] employment with Pope & Talbot, Inc., Oakridge, Oregon, in which [husband] is a participant. Said one-half of the plan is payable to [wife] upon the termination, early retirement, normal retirement, or the death or disability of the [husband], whichever condition occurs first.”

Wife concedes that she is not entitled to share in any increase in the pension due to post-dissolution contributions, and that her interest must be valued as of the date of dissolution. Rogers and Rogers, 45 Or App 885, 896, 609 P2d 877, modified 47 Or App 963, 615 P2d 412, rev den 289 Or 659 (1980), modified 50 Or App 511, 623 P2d 1108, rev den 290 Or 853 (1981). Because the record is totally silent on values, we must remand the case to the trial court to determine the value of wife’s one-half interest in the pension at the time of dissolution.

There is no merit to any of husband’s other assignments of error.

Reversed and remanded for a determination of the value of husband’s pension at the time of dissolution; otherwise affirmed. Costs to neither party.

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717 P.2d 655, 78 Or. App. 665, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-marriage-of-graham-and-graham-orctapp-1986.

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