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:

http://www.publications.ojd.state.or.us/A143835.htm

About Daniel Margolin

Daniel Margolin is a founding partner of Stephens & Margolin LLP and a Portland, Oregon native. His practice focuses on all aspects of family law litigation. Dan applies his litigation expertise to provide additional expertise when assisting clients with Family Law Appeals and Collaborative Divorce matters. To find out more or contact Daniel Margolin, visit Stephens & Margolin LLP
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3 Responses to New Case Law – Modification of Spousal Support after Remarriage

  1. I like this post, I would like read more information about this. It is very interesting. Thank you and keep sharing like this.

  2. I agree with the court of appeals ruling – the purpose of spousal support is to provide support from month to the ex who is unable to provide for themself. Once the ex remarries though, their provision from month to month should no longer be the responsibility of their previous spouse.

  3. it sounds like the Court Of Appeals got this one right.

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