In re Hall and Buth-Hall

Under ORS 107.407 and ORS 107.412(2), a person relying on spousal support must show a reasonable effort to become self-sufficient by exercising reasonable options, even if those options turn out to be fruitless.

Appellant-husband sought termination of spousal support ten years after the marriage dissolution, arguing that Petitioner-wife had not made a reasonable effort to be self-supporting under ORS 107.407. His argument was that wife's pursuits of real estate businesses were not a proper way to spend her time nor a proper investment, mainly because those investments failed to put her in a better position than she was in at the time of dissolution. Husband further argued that wife failed to utilize the $72,000 award of transitional support for proper purposes of furthering her education or pursuing a vocational training. The Court, however, upheld the lower court's decision, holding that the supporting spouse, under ORS 107.407 and ORS 107.412(2), has the burden of persuasion. The Court also held that in evaluating the supported spouses efforts to become self-sustaining, they need not look at the fruits of those efforts, but merely that the spouse make a reasonable effort to relinquish herself of the supporting-spouse's support. If after those reasonable efforts, the supported-spouse is not financially self-supporting, the support provision must stand. Affirmed.