In re the Marriage of Herald

Husband appeals from a judgment of dissolution of marriage, arguing that the court erred in dividing the parties’ retirement benefits, and, specifically, in its treatment of wife’s federal Civil Service Retirement System (CSRS) benefits. In particular, husband asserts that the trial court’s apportionment methodology (described in detail below) violated 42 USC section 407(a),1 as construed and applied in Swan and Swan, 301 Or 167, 720 P2d 747 (1986). For the reasons amplified below, we conclude that the property division does not violate 42 USC section 407(a), is not precluded by Swan, and…