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MATTER OF MARRIAGE OF MENARD

C89-1024DR; A113218

42 P.3d 359 (2002)

180 Or. App. 181

In the Matter of the MARRIAGE OF Bernadine Angela MENARD, Respondent, and Raymond Thomas Menard, aka Raymond Thomas Menard, III, Appellant, and Amber Rae Menard, Third-Party Respondent.

Court of Appeals of Oregon.

Decided March 13, 2002.

Attorney(s) appearing for the Case

Laura Graser, Portland, argued the cause and filed the brief for appellant.

Robert T. Scherzer, Portland, argued the cause and filed the brief for respondent.

Before LANDAU, Presiding Judge, and BREWER and SCHUMAN, Judges.

SCHUMAN, J.

Husband appeals from a trial court judgment that awarded wife a share of his "voluntary separation incentive" (VSI) benefits from the military. The court found that VSI payments were the "functional equivalent" of retirement benefits and therefore marital property under the terms of the dissolution judgment. Husband argues that wife's claim is barred by laches and equitable estoppel and, if not, then it fails on the merits because VSI benefits are not...

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