Harris v. Harris

In this dissolution of marriage case, wife assigns error to the trial courts award of spousal support, arguing that the court erred in failing to award compensatory spousal support and in determining the level and duration of maintenance spousal support. We affirm the trial courts award of maintenance spousal support without discussion; we write solely to address the issue of compensatory spousal support. On de novo review, ORS 19.415(3) (2007), we conclude that the trial courts rationale for denying compensatory spousal support--that wifes "contribution during the marriage" was "typical and expected" and was not a "substantial contribution that enhanced [h]usbands earning potential or will enhance his earning potential in the future"--was wrong, but that the decision to deny compensatory spousal support was nonetheless correct because such an award would not have been just and equitable. ORS 107.105(1)(d)(B). We therefore affirm.