MATTER OF THE MARRIAGE OF EISENBRAUN, 83 Or. App. 153 (1986)

729 P.2d 609

In the Matter of the Marriage of EISENBRAUN, Appellant, and EISENBRAUN, Respondent.

85-0275; CA A37264Oregon Court of Appeals.Argued and submitted May 2, 1986.
Affirmed as modified December 17, 1986.

Appeal from the Circuit Court, Lincoln County, Edward Branchfield, Judge Pro Tempore.

Patrick L. Hadlock, Corvallis, argued the cause for appellant. On the brief were Larry W. Stuber, and Ringo
Stuber, P.C., Corvallis.

No appearance for respondent.

Before Richardson, Presiding Judge, and Newman and Deits, Judges.

PER CURIAM

Paragraph 6 of judgment modified to eliminate wife’s interest in portion of husband’s pension earned during four and one-half years in United States Air Force before marriage of parties; otherwise affirmed. No costs to either party.

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PER CURIAM

Husband assigns as error the trial court’s refusal to include in the judgment a property settlement agreement entered into by the parties 18 months before the dissolution. The trial court specifically found that the agreement was “incomplete and inequitable to wife.” A court may reject a property settlement agreement. See McDonnal and McDonnal, 293 Or. 772, 652 P.2d 1247
(1982). On de novo review, we agree with the trial court that the agreement should not be enforced. However, husband is correct that the trial court erred in giving wife a portion of husband’s military pension earned before the parties were married.

Paragraph 6 of the judgment is modified to eliminate wife’s interest in the portion of husband’s pension earned during four and one-half years in the United States Air Force before the marriage of the parties. The judgment is otherwise affirmed. No costs to either party.

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