Oregon Military Divorce Information

Former Military Spouse | April 9, 2013 | Oregon Military Divorce, USFSPA | No Comments

How Oregon Historically Applies the USFSPA Law

Oregon military divorce law cases have held military retirement pay to be a divisible property asset in divorce proceedings.

Looking for a USFSPA Divorce Case Setting Precedent in Oregon?

Oregon considers retirement plans, a pension, or an interest within them to be property and holds that a spouse is entitled to one half the portion accumulated during marriage.

We have some information posted on how Oregon treats marital share in 2013 and below you can find other historical law cases setting precedent.

1984: In re Manners, 68 Or. App. 896, 683 P.2d 134;
1980: In re Vinson, 48 Or. App. 283, 616 P.2d 1180
1989: In re Richardson, 307 Or. 370, 769 P.2d 179: Information about how nonvested pension plans are marital property
2001: Robert Eugene KISER vs Patricia Lee Kiser: Case declared the court must look to the value of the benefit at retirement (not hypothetical amounts).
2010: Stokes and Stokes, 234 Or App 566, 228 5 P3d 701 & 234 Or App at 575: Marital computation should be a fraction of the entire actual pension.
2013: Malpass vs Malpass court of appeals case that ruled the division of a military pension should be based on the service member’s highest pay grade