July 4, 2011

New Case Law – Modification of Spousal Support after Remarriage

On June 29, 2011, the Oregon Court of Appeals decided Frost and Frost.

The Court of Appeals affirmed the trial court’s decision to terminate a former husband’s spousal support obligation based on his former wife’s remarriage and the subsequent increase in her standard of living.  Based on the initial judgment of dissolution, the husband had been ordered to pay the wife $3,000 per month in maintenance support for 8 years, to allow the wife to enjoy a lifestyle similar to that enjoyed during the marriage.  After four years, the wife remarried and her new spouse was able to support her at a substantially higher standard of living.  Although, the wife and her new spouse signed a prenuptial agreement requiring the wife to contribute a significant amount of her individual monthly income toward household expenses until her former husband’s spousal support obligation terminated, the Court determined that the new spouse contributed so substantially to wife’s support and lifestyle, that it was appropriate to terminate the former husband’s support obligation.  The Court affirmed without discussion the trail court’s decision to terminate the husband’s support obligation retroactively to the date the wife was served with the motion to modify.

The entire opinion can be found here: