Cardona and Cardona

• Court: Oregon Court of Appeals
• Area(s) of Law: Family Law
• Date Filed: 04-23-2014
• Case #: A153040
• Judge(s)/Court Below: Duncan, P. J. for the court; Wollheim, J.; & Lagesen, J.

Under ORS 107.105(1)(f)(A), a pension is marital property which, as long as the presumption of equal contribution has not been rebutted, should be divided evenly upon marital dissolution.

Wife appeals the division of her ex-husband’s military pension from a general judgment of dissolution. Husband and Wife met in the military and married, living the next 23 years together. For most of that time, husband worked in the military and, after retiring, received a pension. Wife argued the trial court erred in dividing this pension, giving her half of it for only seven years; she contends she is entitled to half the pension for as long as it pays. The Court held the pension was not correctly divided; division of the marital portion of the pension should not have been limited to seven years. Because there is no indication that Wife did not contribute equally to the marriage, her presumptive share is half the marital portion of the pension. Property division of military pension reversed and remanded; otherwise affirmed.

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