In re the Marriage of Berry

Husband appeals a supplemental judgment awarding attorney fees to wife under ORS 107.104. He argues that the trial court erred in awarding attorney fees because ORS 107.104 and the parties’ stipulated general judgment do not authorize attorney fees. On review for legal error, we agree with husband and reverse.

The historical facts are undisputed. The parties were divorced in April 2007, pursuant to a stipulated judgment. That judgment provided that, among other things, husband would pay the mortgage, property taxes, and insurance on the marital home. The judgment also provided that “[e]ach…