Modification of spousal support award upon former spouse's remarriage

April 05, 2014

In the case of In re Marriage of Tilson, the Court of Appeals of Oregon upheld the trial court's decision to modify the award of spousal support for the wife as a result of her remarriage approximately five months after the dissolution of marriage became final. The trial court's order eliminated a previous award of transitional support, but continued the prior award of maintenance support.

Background of the case

The parties were married for 20 years. At the time of the dissolution, there was a disparity in the parties' income. The husband worked as a light-rail operator, and had gross earnings of $5,411.18 per month. The wife was a self-employed nail technician, earning approximately $726 per month, and did not have the same benefits from employment as the husband. The wife also made career sacrifices to contribute to the husband's career and to help care for the husband's son. Based on these factors, the trial court awarded spousal support to the wife:
- $1,000 per month as transitional support, plus $1,000 per month as maintenance support, for three months.

- $500 per month as transitional support, plus $1,000 per month as maintenance support, for the next two years.

- $1,000 per month as maintenance support for an indefinite period of time thereafter.

The husband could seek to modify the spousal support award if the wife found employment consistently earning gross income of $3,600 per month plus full benefits.

Procedural history

Upon learning of the wife's remarriage, the husband filed a motion to modify the award of spousal support.

At the time of the hearing the husband's income was approximately $400 less per month due to a reduction in his shift length. The wife had changed occupations and was now working as a cashier, earning approximately $1,668.33 per month. She received basic medical coverage through her employer, and she was taking online job training classes. Her new husband worked as drafter for a manufacturing company, earning $3,393.07 per month after subtracting payments for his son's child support and health insurance coverage. The wife also obtained dental insurance through her new husband's employer, which she paid for herself.

The trial court determined that there was an unanticipated substantial change in economic circumstances due to the wife's remarriage and ordered the discontinuation of transitional support, but further held that this change did not warrant modification of the maintenance support. Both parties appealed the ruling.

The ruling by the Court of Appeals

The Court of Appeals concluded that the trial court had authority to modify the original spousal support award, agreeing that the wife's remarriage was a substantial, unanticipated change in economic circumstances. Even though at the time of dissolution the wife had been cohabitating with her new spouse, at that point in time neither party was anticipating that the wife would remarry. In addition, despite evidence that the new couple kept their finances separate, the new husband's income was at least partially available to the wife, which reduced her total need for support by one-third in a manner that had not been contemplated at the time of the parties' dissolution of their marriage.

The Court of Appeals also found that some of the original purposes of the initial spousal support award were not addressed as a result of the wife's remarriage, and it was therefore proper for the wife to continue to receive monthly maintenance support.

Individuals facing a divorce or other domestic relations proceedings are urged to consult with a competent attorney, experienced in such matters for the protection of their legal rights.

Article provided by DeBast, McFarland & Richardson, LLP
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