June 1, 2012

New Case Law – Determination of Just and Equitable Spousal Support Award is within the Trial Court’s Discretion

On May 16, 2012, the Oregon Court of Appeals decided Berg and Berg. In this case, the wife appealed the amount and duration of the trial court’s award of spousal support. The Court of Appeals stated that it would not disturb the trial court’s discretionary determination unless the trial court had misapplied the statutory standard. In this case, despite the fact that the trial court did not make detailed findings about the reasons for its award, the Court of Appeals found that there was evidence in the record sufficient to support the award of spousal support and affirmed. Since this decision was within the trial court’s discretion, the Court of Appeals would not look further than that, despite the wife’s contention that the award was inequitable.

The entire opinion can be found here.