Oregon Court of Appeals Upholds Trial Court’s Order that Husband Pay Spousal Support in a Lump Sum

April 15, 2009


In this case, Husband appealed the trial court’s ruling that he be ordered to pay spousal support to Wife of $1,000 per month for 60 months, or as a lump sum amount.  The trial court ruled that if Wife was able to refinance or sell a piece of marital property, she would be awarded from the proceeds her one-half share of the equity, plus $60,000 representing Husband’s spousal support obligation (reduced to $54,000 to represent the current value of the support).  Husband argued that the trial court erred by ordering the lump sum payment.  The Court of Appeals pointed out that ORS 107.105(1)(d) authorizes a court to award spousal support “in gross or in installments or both”.  Thus, the ordered support satisfies the statutory requirement and the trial court’s ruling was affirmed.
Read the McLauchlan and McLauchlan case: http://www.publications.ojd.state.or.us/A134002.htm