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Oregon Revised Statutes

Or. Rev. Stat. § 107.407 (2026)

Petition to set aside spousal support provisions of judgment

✓ current as of May 2026
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      107.407 Petition to set aside spousal support provisions of judgment. If an individual has paid an amount of money in installments for more than 10 years for the support of a former spouse under a judgment of annulment or dissolution of marriage that ordered such payment, and when the former spouse has not made a reasonable effort during that period of time to become financially self-supporting and independent of the support provided under the judgment, the individual paying the support may petition the court that issued the judgment to set aside so much of the judgment as may provide for the support of the former spouse. The petition shall not be granted if spousal support was granted in the judgment in lieu of a share of property in order to provide the other spouse with a tax benefit. [1975 c.500 §2; 1983 c.728 §7; 2003 c.576 §118]

Notes of Decisions
Cited in 17 cases (2 in the last 5 years), 1977–2025 · leading case: Schaffer v. Schaffer, 643 P.2d 1300 (Or. Ct. App. 1982).
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Schaffer v. Schaffer, 643 P.2d 1300 (Or. Ct. App. 1982). · cites it 5× “Husband appeals the denial of his motion, pursuant to ORS 107.407, 1 to terminate spousal support.”
In Re the Dissolution of the Marriage of Grove, 571 P.2d 477 (Or. 1977). “We find limited additional guidance to legislative policy in ORS 107.407 2 which indicates that efforts by *346 the supported spouse to become self-supporting and independent of the former spouse are favored.”
Hanlin v. Hanlin, 600 P.2d 454 (Or. Ct. App. 1979). · cites it 4× “The proceeding was initiated by husband’s petition to eliminate spousal support pursuant to ORS 107.407. Wife filed a counter petition to increase spousal and child support.”
Porter, 786 P.2d 740 (Or. Ct. App. 1990). · cites it 2× “Husband also contends that the trial court erred when it found that wife had made sufficient efforts to make herself financially self-sufficient and, therefore, the court should terminate spousal support under ORS 107.407. Wife was 43 years old when the parties divorced in 1971.”
Matter of Marriage of Plaster, 639 P.2d 1287 (Or. Ct. App. 1982). · cites it 2× “Oregon law gives husband ample opportunity in the future to attempt to demonstrate, after showing a material change in circumstances, that wife no longer needs support in whole or in part, ORS 107.”
McGee v. McGee, 616 P.2d 555 (Or. Ct. App. 1980). · cites it 2× “Hanlin, 42 Or App 165 , 600 P2d 454 , rev den 288 Or 81 (1979), we held that although ORS 107.407 1 was not directly applicable to decrees entered before the effective date of that statute, it was an elaboration of existing policy respecting termination of spousal support awards.”
Switzer v. Switzer, 623 P.2d 1142 (Or. Ct. App. 1981). · cites it 3× “At the hearing husband indicated that ORS 107.407 was "basically the basis of [his] motion.”
In re the Marriage of Stutz, 965 P.2d 456 (Or. Ct. App. 1998). · cites it 2× “Husband did not cite to ORS 107.407 in support of the motion to modify or terminate spousal support.”
In re the Marriage of Bliven, 806 P.2d 177 (Or. Ct. App. 1991). “Husband also contends that support should be terminated under ORS 107.407, which provides that support may be *97 terminated after ten years if the dependent spouse has not made reasonable efforts to become financially self-supporting.”
In re the Marriage of Hall, 328 P.3d 808 (Or. Ct. App. 2014). · cites it 7× “He argues that the trial court erred in determining that husband failed to prove that wife’s efforts to become self-supporting in the 10 years following dissolution were not reasonable as required under ORS 107.407 and ORS 107.412(2). Assuming that husband prevails on that…”
In re the Marriage of Gohlman, 949 P.2d 732 (Or. Ct. App. 1997). · cites it 4× “Husband relies on ORS 107.407 for termination of support and on ORS 107.”
In re Marriage of Alley, 779 P.2d 210 (Or. Ct. App. 1989). · cites it 4× “ORS 107.407. The court also gave a judgment to wife for attorney fees, which husband also appeals.”
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