Marriage of Valley, Matter of

Decision Date13 September 1989
Citation99 Or.App. 252,781 P.2d 1219
PartiesIn the Matter of the MARRIAGE OF Rosalie Gail VALLEY, Appellant, and Robert Clifford Valley, Respondent. CC82-314; CA A49529. . On Respondents Petition for Reconsideration
CourtOregon Court of Appeals

Clayton C. Patrick, Salem, for petition.

No appearance contra.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

BUTTLER, Presiding Judge.

Husband seeks reconsideration of our opinion in this case, 97 Or.App. 95, 775 P.2d 332 (1989), where we held that wife is entitled to 47 percent of husband's Coast Guard pension. We treat the petition as one for reconsideration, ORAP 10.10, allow reconsideration and modify the disposition in our former opinion to read:

"Reversed and remanded for entry of judgment modifying dissolution judgment to award wife 47 percent of husband's Coast Guard pension beginning with benefits payable on or after February 8, 1988, and entry of a Qualified Domestic Relations Order pursuant to IRC § 414(p). Costs to wife."

Petition for reconsideration allowed; former opinion modified; adhered to as modified.

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5 cases
  • IN THE MATTER OF MARRIAGE OF STOKES, 050665
    • United States
    • Oregon Court of Appeals
    • March 31, 2010
    ... ... Campbell and Campbell, 151 Or.App. 334, 337-38, 948 P.2d 765 (1997); Manners and Manners, 68 Or. App. 896, 899, 683 P.2d 134 (1984). Generally, a spouse is entitled to one-half of that portion of a pension that was accumulated during the marriage. See Valley and Valley, 97 Or.App. 95, 98, 775 P.2d 332, adh'd to on recons., 99 Or.App. 252, 781 P.2d 1219 (1989), rev. den., 309 Or. 522, 789 P.2d 1387, cert. den., 498 U.S. 920, 111 S.Ct. 296, 112 L.Ed.2d 250 (1990); Manners, 68 Or.App. at 899, 683 P.2d 134 ...         In this case, at ... ...
  • Porter v. Porter
    • United States
    • South Dakota Supreme Court
    • October 19, 1995
    ...101 N.M. 105, 678 P.2d 1180 (Ct.App.1984); In re Marriage of Valley and Valley, 97 Or.App. 95, 775 P.2d 332 (1989), modified, 99 Or.App. 252, 781 P.2d 1219 (1989), cert. denied, 498 U.S. 920, 111 S.Ct. 296, 112 L.Ed.2d 250 (1990), Koepke v. Koepke, 732 S.W.2d 299 (Tex.1987) (where divorce d......
  • Clifton v. Clifton
    • United States
    • Oklahoma Supreme Court
    • September 18, 1990
    ...649, 546 A.2d 558 (1988) (Divisible before McCarty.); Marriage of Valley, 97 Or.App. 95, 775 P.2d 332, 334 (1989), modified, 99 Or.App. 252, 781 P.2d 1219 (1989) (Divisible before McCarty.); Parshall v. Parshall, 385 Pa.Super. 142, 560 A.2d 207, 211 (1989) (Divisible where rights were reser......
  • Marriage of Schoning, Matter of
    • United States
    • Oregon Court of Appeals
    • March 20, 1991
    ... ... 2 The two Oregon decisions dealing with chapter 188 have not specifically addressed this issue. See Valley and Valley, 97 Or.App. 95, 775 P.2d 332, on reconsideration 99 Or.App. 252, 781 P.2d 1219 (1989), rev. den. 309 Or. 522, 789 P.2d 1387 (1990); Dee and Dee, 96 Or.App. 252, 772 P.2d 444 (1989) ... 3 ORS 43.130 provides, in part: ... "The effect of a judgment, decree or final order in an action, ... ...
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