Marriage of Valley, Matter of
| Decision Date | 14 June 1989 |
| Citation | 775 P.2d 332,97 Or.App. 95 |
| Parties | In the Matter of the MARRIAGE OF Rosalie Gail VALLEY, Appellant, and Robert Clifford Valley, Respondent. CC82-314; CA A49529. |
| Court | Oregon Court of Appeals |
Philip L. Nelson, Astoria, argued the cause and filed the brief, for appellant.
Clayton C. Patrick, Salem, argued the cause for respondent. With him on the brief were Robert C. Moberg and Campbell, Moberg & Canessa, Seaside.
Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.
Wife seeks to have the dissolution judgment modified pursuant to Oregon Laws 1987, chapter 188, to include a division of husband's Coast Guard pension. The trial court denied her petition.
Husband entered the Coast Guard in April, 1961. The parties were married July 21, 1962. Husband retired on January 1, 1982, and the marriage was dissolved on September 15, 1982. During the marriage, the parties were transferred frequently across the United States; as a result, they never acquired a home. Under the original judgment, wife received no spousal support and, by husband's estimate, received approximately $8,000 in assets. The parties agree that the settlement was a "pretty even" division of their assets excluding husband's pension, which has a present value exceeding $100,000.
In 1982, courts were precluded from dividing a military pension or taking into account its value in making a property division incident to a divorce. McCarty v. McCarty, 453 U.S. 210, 101 S.Ct. 2728, 69 L.Ed.2d 589 (1981); Vinson and Vinson, 57 Or.App. 355, 644 P.2d 635 (1982). On February 1, 1983, the Uniformed Services Former Spouses Protection Act (10 U.S.C. § 1401 et seq.) went into effect, and effectively overruled McCarty. State courts may now divide military pensions. In 1987, the Oregon legislature enacted Oregon Laws 1987, chapter 188, section 1:
The trial court refused to award wife part of husband's pension benefits, because it believed that doing so would...
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IN THE MATTER OF MARRIAGE OF STOKES, 050665
...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. 9......
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Porter v. Porter
...N.J.Super. 594, 471 A.2d 809 (1984); Koppenhaver v. Koppenhaver, 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 (19......
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Clifton v. Clifton
...33, 541 A.2d 716, 718 (1988), cert. denied, 111 N.J. 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.......
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Marriage of Schoning, Matter of
...(Emphasis supplied.)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.Ap......
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§ 12.03 Military Longevity and Disability Retirement
...Burton, 669 P.2d 703 (Nev. 1983). But see, the more recent statute, which is summarized in N. 167 infra. Oregon: In re Marriage of Valley, 775 P.2d 332 (Ore. App. 1989). Pennsylvania: Major v. Major, 13 Fam. L. Rep. (BNA) 1124 (Pa. Super. 1986) (relying on the unusual facts of the case and ......