Oregon Revised Statutes

Or. Rev. Stat. § 107.136 (2026)

Reinstatement of terminated spousal support

✓ current as of May 2026

Find cases: SyfertCases citing this section ORSoregonlegislature.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

107.136 Reinstatement of terminated spousal support. (1) When a court has terminated the duty of spousal support under ORS 107.135, the court may reinstate the remaining duration and remaining amount of the support award if the moving party alleges and proves that:

(a) The basis for the termination has ceased to exist; and

(b) The reinstatement is just and equitable under all the circumstances.

(2) For the purposes of this section:

(a) The remaining duration of a support award is the term of the award remaining as if the award had not been terminated and support had been paid from the date of termination to the date of reinstatement. For example, if the applicable judgment required payment of spousal support for 10 years, the award was terminated in year three and reinstatement of the award was sought at the end of year seven, the maximum remaining duration of the support award that could be reinstated would be three years.

(b) The remaining amount of a support award is the amount of support owed as if the award had not been terminated and support had been paid from the date of termination to the date of reinstatement. For example, if the applicable judgment required support payments of $1,000 per month for five years and $500 per month for the next five years, the award was terminated in year three and reinstatement of the award was sought at the end of year seven, the maximum remaining amount of the support award that could be reinstated would be $500 per month.

(3) A motion for reinstatement of a spousal support award under this section must be brought within the remaining duration of the award or within 10 years after the entry of the judgment terminating the award, whichever is sooner.

(4) In exercising the discretion granted under subsection (1) of this section, the court shall consider the basis for the spousal support award, the basis for the termination of the award and the totality of the circumstances of each party existing since the termination of the award.

(5) Either party may file a motion to modify spousal support under ORS 107.135 in a proceeding to reinstate the spousal support award. In addition to considering the factors under ORS 107.135 (3) and (4), the court shall consider the factors described in subsection (4) of this section.

(6) At any time, the parties may waive their rights under this section in writing, signed by both parties and referencing this section.

(7) Any reinstatement of a spousal support award may be ordered effective retroactive to the date the motion was served or to any date thereafter. [1991 c.888 §1; 2007 c.430 §1]

Notes of Decisions

Cited in 7 cases, 1993–2011 · leading case: In re the Marriage of Edwards, 863 P.2d 513 (Or. Ct. App. 1993).

Sort: Relevance Newest Treatment

In re the Marriage of Edwards, 863 P.2d 513 (Or. Ct. App. 1993). · cites it 9× “Wife argued that a recently enacted statute, ORS 107.136, permitted the reinstatement of spousal support.”

In re the Marriage of Edwards, 873 P.2d 401 (Or. Ct. App. 1994). · cites it 6× “In our original decision we held that the question whether a motion may be brought under ORS 107.136 1 to reinstate a spousal support obligation that was terminated before the effective date of the statute is a question of legislative intent and, based on the language of the…”

In re the Marriage of Cheever, 162 P.3d 287 (Or. Ct. App. 2007). · cites it 16× “Husband appeals from a supplemental judgment, pursuant to ORS 107.136, reinstating a previously terminated award of spousal support.”

In re the Marriage of McLennan, 914 P.2d 711 (Or. Ct. App. 1996). · cites it 3× “Although naturally-expired spousal support awards cannot be revived, the 1991 enactment of ORS 107.136 created a means by which court-terminated spousal support can be reinstated.”

In Re the Marriage of Luty, 263 P.3d 1067 (Or. Ct. App. 2011). “” 5 We note that nothing in this opinion should be construed as preventing wife from seeking reinstatement of the spousal support award under ORS 107.136 if husband returns to an income level at which he can pay spousal support.”

In re the Marriage of Seever, 861 P.2d 1038 (Or. Ct. App. 1993). · cites it 2× “Effective September 29, 1991, the legislature enacted ORS 107.136, which provides for reinstatement of terminated spousal support under certain circumstances.”

In Re the Marriage of Uhde, 175 P.3d 511 (Or. Ct. App. 2007). “6 Accord, Cheever and Halperin, 213 Or App 441 , 162 P3d 287 (2007) (addressing reinstatement of previously terminated award of spousal support pursuant to ORS 107.136, following dissolution of recipient spouse’s subsequent marriage).”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.