In re the Marriage of Nightwine

Wife appeals from a dissolution judgment that did not include husband’s retirement fund, which was derived from inherited money, as a marital asset to be divided between the parties and from the award of $300 a month in indefinite spousal support. We review de novo, ORS 19.125(3), and remand for entry of a modified judgment.

The parties were married 44 years. At the time of trial, husband was 62, and wife was 61. Both are in reasonably good health. There are two adult children. One son is hearing impaired and has lived with his parents, and now his mother, for the past several years. He…