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RUSHBY v. RUSHBY

07DO1818DS; A144086.

270 P.3d 327 (2011)

247 Or. App. 528

In the Matter of the Marriage OF Danial A. RUSHBY, Petitioner-Respondent, and Karen M. RUSHBY, Respondent-Appellant.

Court of Appeals of Oregon.

Decided December 29, 2011.

Attorney(s) appearing for the Case

Karen M. Rushby filed the briefs pro se.

Clayton C. Patrick filed the brief for respondent.

Before ORTEGA, Presiding Judge, and SERCOMBE, Judge, and HADLOCK, Judge.

HADLOCK, J.

We address a single legal question in this dissolution case: whether courts may treat retirement accounts that are in payout status solely as income streams (to be considered in analyzing whether to award spousal support) or whether, instead, courts must treat retirement accounts as property (to be included in the division of marital property). We hold that, under ORS 107.105(1)(f), retirement accounts must be treated as property. Because the trial court...

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