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In re the Marriage of Benson
Citations: 1997 Ore. App. LEXIS 90; 146 Or. App. 364; 932 P.2d 104Docket: 93-3-150; CA A83937
Court: Court of Appeals of Oregon; February 11, 1997; Oregon; State Appellate Court
In the dissolution of a 22-year marriage, the husband appeals the property division and attorney fees, while the wife cross-appeals the stepped-down spousal support award. The court acknowledges the husband's argument that he was not given adequate time to finance an equalizing judgment of $161,001.03, remanding the case to modify the judgment to allow payment one year after the modified judgment's entry, with interest accruing from the initial judgment date. On the wife's cross-appeal, the court finds that indefinite spousal support is warranted due to the wife's limited marketable skills, lack of work experience since 1975, and significant impairment of earning capacity from her long absence in the job market. At 45 years old, the wife has a high school education and has primarily been a homemaker. Her only prior employment was as a beautician, and she expressed emotional instability with no current plans for employment or education. The court considers the wife's living expenses of $4,617 a month, acknowledging the financial burden of maintaining the marital home until its sale. To address this, the court awards spousal support of $3,500 per month for four years, followed by $2,000 per month indefinitely. This arrangement aims to help the wife transition towards economic independence while limiting the dependency relationship. Testimony from a vocational counselor suggested the wife could qualify for a bookkeeping position, but the court found this evidence limited in value due to the wife's low self-esteem and ongoing issues related to her relationship with the husband. The court ultimately remands the case for adjustments to the spousal support and property payments, affirming all other aspects of the trial court's judgment. No costs are awarded on the appeal, but costs are granted to the wife on the cross-appeal, excluding attorney fees. The couple has one child who was 19 at the time of trial.