In re the Marriage of Kernan

Wife petitions for reconsideration of our decision, 93 Or App 216, 762 P2d 1069 (1988), in which we affirmed without opinion the trial court’s award to wife of permanent spousal support “in lieu of all other retirement benefits, except the death benefit.” We allow the petition. Concluding that the award was not proper, we modify the judgment to provide wife one-half of husband’s pension as marital property and to reduce the amount of wife’s spousal support after husband’s retirement. In all other respects, we affirm.

The parties were married for 30 years. Husband is 52 years old; wife is 51…