Oregon law permits sunset clauses in prenuptial agreements under ORS 108.710, which authorizes provisions based on "the occurrence or nonoccurrence of any other event," including automatic expiration after a specified number of years. A sunset clause prenup Oregon courts will enforce must satisfy the Uniform Premarital Agreement Act (UPAA) requirements: written form, signatures from both parties, voluntary execution, and fair financial disclosure under ORS 108.725. Common sunset periods range from 5 to 20 years of marriage, with the prenup either terminating entirely or phasing out specific provisions like spousal support waivers.
Key Facts: Oregon Prenuptial Agreements with Sunset Clauses
| Requirement | Oregon Standard |
|---|---|
| Governing Law | Uniform Premarital Agreement Act (ORS 108.700-108.740) |
| Filing Fee (Divorce) | $287-$301 (as of January 2026) |
| Residency Requirement | 6 months if married outside Oregon; none if married in Oregon |
| Waiting Period | None (repealed in 2011) |
| Property Division | Equitable distribution under ORS 107.105(1)(f) |
| Sunset Clause Authority | ORS 108.710(1)(c) - "occurrence or nonoccurrence of any other event" |
| Amendment Method | Written agreement signed by both parties (ORS 108.720) |
| Unconscionability Test | Evaluated at time of execution, not divorce |
What Is a Sunset Clause in an Oregon Prenuptial Agreement
A sunset clause in an Oregon prenuptial agreement is a provision that automatically terminates the agreement or specific terms after a predetermined period of marriage or triggering event. Oregon couples most commonly select sunset periods of 10, 15, or 20 years from the wedding date, with the prenup expiring completely or specific provisions like spousal support waivers phasing out gradually. Under ORS 108.710(1)(c), parties may include provisions addressing "the disposition of property upon separation, marital dissolution, death or the occurrence or nonoccurrence of any other event," which Oregon courts interpret to include time-based expiration clauses.
The legal effect of a triggered sunset clause is significant. Once the sunset period expires, the prenuptial agreement becomes null and void, and property division reverts to Oregon's default equitable distribution rules under ORS 107.105(1)(f). This means courts will divide marital property based on what is "just and proper in all the circumstances" rather than the terms previously agreed upon by the spouses. Oregon applies a statutory presumption of equal contribution, often resulting in near-equal divisions for long marriages after a sunset clause activates.
Sunset clauses serve multiple purposes in Oregon prenuptial agreements. A less wealthy spouse may negotiate a sunset clause as protection against permanent financial disadvantage, recognizing that contributions to a long marriage deserve recognition. Business owners might accept sunset clauses to protect assets during the vulnerable early years of marriage while acknowledging that long-term partners deserve full marital rights. Estate planning attorneys frequently recommend sunset clauses when one party has substantial premarital wealth but wants the other spouse to inherit equally if the marriage endures.
Oregon's Uniform Premarital Agreement Act Requirements
Oregon adopted the Uniform Premarital Agreement Act in 1987, codifying it as ORS 108.700 through 108.740. Every prenuptial agreement with a sunset clause must satisfy the UPAA's formal requirements to be enforceable: the agreement must be in writing under ORS 108.705, signed by both prospective spouses, and becomes effective upon marriage under ORS 108.715. No consideration beyond the marriage itself is required, and witnesses are not mandatory though recommended for evidentiary purposes.
The UPAA permits broad freedom of contract for Oregon couples drafting prenuptial agreements. Under ORS 108.710, parties may contract regarding property rights in any assets "whenever and wherever acquired," the disposition of property upon dissolution or death, modification or elimination of spousal support, life insurance beneficiary designations, choice of law provisions, and "any other matter not in violation of public policy." This expansive authorization clearly encompasses sunset clauses, which Oregon courts treat as valid conditional provisions when properly drafted.
However, two significant limitations apply regardless of sunset clause inclusion. First, ORS 108.710(2) prohibits any provision that "adversely affects" a child's right to support. Couples cannot predetermine child support amounts, custody arrangements, or parenting time schedules because Oregon courts must decide these matters based on the child's best interests at divorce. Second, if a spousal support waiver would cause a spouse to become eligible for public assistance at divorce, courts may override the prenuptial terms and award support necessary to avoid that eligibility under ORS 108.725(2).
Types of Sunset Clauses in Oregon Prenups
Oregon prenuptial agreements may include several sunset clause variations, each with distinct legal and financial consequences. The full termination sunset clause causes the entire prenuptial agreement to become null and void on a specific date, typically a wedding anniversary. After expiration, all property division occurs under Oregon's equitable distribution statute ORS 107.105(1)(f), spousal support follows standard statutory guidelines, and separate property designations may be subject to marital claims based on commingling or appreciation during marriage.
| Sunset Clause Type | How It Works | Best For |
|---|---|---|
| Full Termination | Entire prenup expires on specific date | Couples who want complete equality after proving marriage longevity |
| Partial/Graduated | Specific provisions expire in phases | Wealthy spouses willing to share more over time |
| Event-Triggered | Expires upon birth of child, major illness, or other event | Couples with life milestone concerns |
| Spousal Support Phase-Out | Support waiver reduces over time | Protecting homemaker spouses in longer marriages |
| Property Division Modification | Separate property percentage decreases annually | Business owners protecting early-stage ventures |
Graduated or phased sunset clauses represent the most sophisticated approach for Oregon couples with substantial asset disparities. For example, a prenup might provide that if divorce occurs within years 1-5, the less wealthy spouse receives $100,000; years 6-10, $250,000; years 11-15, $500,000; and after year 15, equal division of all marital property. This structure rewards marital longevity while providing baseline protection for both parties throughout the marriage.
Event-triggered sunset clauses tie expiration to life circumstances rather than calendar dates. Common triggers include the birth or adoption of a child, a spouse's disability or serious illness, one spouse leaving the workforce to become a homemaker, reaching a specific combined net worth, or sale of a protected business. Oregon courts generally enforce these provisions when the triggering event is clearly defined and objectively verifiable, though vague or subjective triggers may create enforcement disputes.
Drafting Enforceable Sunset Clauses Under Oregon Law
Oregon courts will enforce sunset clauses that satisfy the UPAA's enforceability standards under ORS 108.725. First, both parties must execute the agreement voluntarily, meaning with knowledge of terms and without coercion, intimidation, or undue pressure as established in Rudder and Rudder, 230 Or App 437, 217 P3d 183 (2009). Oregon family law attorneys recommend signing prenuptial agreements 30-60 days before the wedding to avoid duress claims and ensure adequate time for review.
Second, the agreement cannot be unconscionable at execution, and before signing, each party must receive fair and reasonable financial disclosure of the other's property and obligations under ORS 108.725(1)(b). Alternatively, a party may voluntarily waive disclosure rights in writing, or the challenging party must have had adequate knowledge of the other's finances. Oregon courts evaluate unconscionability as a matter of law at the time of execution, not at divorce.
Specific drafting requirements for enforceable sunset clauses in Oregon include:
- Clear expiration language stating the exact date or anniversary when termination occurs
- Specification of whether the entire agreement terminates or only certain provisions
- Description of what legal regime applies after sunset (Oregon equitable distribution under ORS 107.105)
- Definition of whether "married" means legally married or living together as spouses
- Statement of whether separation before the sunset date affects expiration
- Provisions for any post-sunset property treatment or continuing obligations
- Integration clause confirming this is the complete agreement between parties
The Peterson v. Sykes-Peterson case from Connecticut provides instructive guidance for Oregon couples. In that case, a prenup stated it "shall become null and void" on the seventh wedding anniversary. The husband filed for divorce four months before the anniversary, arguing the separated couple should not benefit from the sunset clause. The court held that because the couple remained legally married on the anniversary date, the sunset clause triggered as written. Oregon courts would likely apply similar literal interpretation to unambiguous sunset language.
Amending or Removing Sunset Clauses After Marriage
Oregon law permits modification of prenuptial agreements, including sunset clauses, after marriage under ORS 108.720. The statute provides that "after marriage, a premarital agreement may be amended or revoked only by a written agreement signed by the parties." Unlike the original prenup, no additional consideration is required for amendments, meaning spouses do not need to exchange anything of value to make modifications legally binding.
Couples may wish to amend sunset clauses for several reasons. Financial circumstances may have changed significantly since the original agreement, making the sunset date premature or delayed for current needs. The birth of children may prompt earlier expiration of property protection provisions. Business success or failure may require adjusted timelines for phased asset sharing. Or both spouses may simply agree that the original sunset period no longer reflects their intentions for the marriage.
To effectively amend a sunset clause, Oregon couples should prepare a formal written amendment that references the original prenuptial agreement by date, identifies the specific sunset clause provision being modified, states the new sunset date or removal of the clause entirely, confirms all other provisions remain in effect, and includes signatures of both spouses with dates. While notarization is not required, it provides additional evidence of execution. Both parties should retain original signed copies.
Complete revocation of the prenuptial agreement is also possible under ORS 108.720 through a written revocation agreement signed by both parties. This permanently eliminates all prenuptial terms, including any sunset clause, and subjects the marriage to Oregon's default property division and support rules from that point forward.
Sunset Clauses and Spousal Support Waivers
Oregon courts give particular scrutiny to spousal support waivers in prenuptial agreements, and sunset clauses often apply specifically to these provisions. Under ORS 108.710(1)(d), parties may include provisions for "the modification or elimination of spousal support," but ORS 108.725(2) creates an important exception: if the waiver would cause a spouse to become eligible for public assistance at divorce, courts may override the prenup and award support necessary to avoid that eligibility.
The Oregon Court of Appeals addressed spousal support waivers in Bridge and Bridge, 166 Or App 458, 998 P2d 780 (2000), holding that a prenuptial agreement waiving spousal support is enforceable unless enforcement deprives a spouse of necessary support that cannot be obtained elsewhere. This standard suggests that even with a valid spousal support waiver, courts retain discretion to award support when a spouse would otherwise face genuine hardship.
Sunset clauses provide elegant solutions for couples concerned about spousal support fairness over time. A common structure provides that any spousal support waiver expires after 10-15 years of marriage, recognizing that long-term homemaker contributions deserve protection even when waived at marriage. Alternative graduated approaches might specify that spousal support eligibility increases by 10% of what would otherwise be awarded for each year of marriage, reaching full entitlement at the 10-year mark.
The interaction between sunset clauses and Oregon's public assistance override creates planning complexity. Even if a spousal support waiver remains in effect (before sunset), courts may still award support to prevent public assistance eligibility. Conversely, after a sunset clause triggers, standard Oregon spousal support factors apply under ORS 107.105(1)(d), potentially providing greater support than the override minimum.
What Happens When a Sunset Clause Triggers in Oregon
When a sunset clause in an Oregon prenuptial agreement triggers, the legal consequences depend on the clause's specific terms. For full termination clauses, the entire prenuptial agreement becomes null and void, and the marriage is treated as though no prenup ever existed. Property division proceeds under Oregon's equitable distribution framework established by ORS 107.105(1)(f), which requires courts to make property division that is "just and proper in all the circumstances."
Oregon's equitable distribution system applies a statutory presumption of equal contribution to marital property, meaning courts assume both spouses contributed equally to acquiring assets during marriage regardless of income or title. For long marriages where a sunset clause has triggered, this presumption typically results in near-equal (50/50) divisions, though courts retain discretion to award 55/45, 60/40, or other ratios based on factors including earning capacity disparities, tax consequences, and non-economic contributions.
Separate property that was protected under the expired prenup may face new vulnerability after sunset. While Oregon generally respects separate property boundaries, the appreciation of premarital assets during marriage may become subject to division under the equal contribution presumption as established in Massee and Massee, 328 Or 195, 970 P2d 1203 (1999). Commingling of separate and marital funds can further blur property classifications, potentially subjecting previously protected assets to equitable division.
Spousal support after sunset clause activation follows Oregon's standard statutory factors rather than any waived or limited prenuptial terms. Courts consider the duration of the marriage, each spouse's age and health, education and employment history, earning capacity, contributions as homemaker, and need for additional education or training. Long marriages where sunset clauses have triggered often result in substantial spousal support awards, particularly when one spouse sacrificed career advancement for family responsibilities.
Oregon Divorce Filing Requirements and Costs
When divorce becomes necessary after a prenuptial agreement's sunset clause has expired, Oregon couples must satisfy specific jurisdictional requirements. Under ORS 107.075, residency requirements depend on where the marriage was solemnized. If married in Oregon, either spouse simply needs to be a resident or domiciled in the state at filing time with no minimum duration requirement. If married outside Oregon, at least one spouse must have resided continuously in the state for at least six months before filing the petition.
The divorce filing fee in Oregon circuit courts is $287-$301 as of January 2026, depending on the county. Additional costs typically include process server fees ($30-$150), certified copies of the judgment ($5-$25 each), and parent education classes if children are involved ($60-$100 per person). Oregon courts waive filing fees for petitioners whose household income falls at or below 125% of the federal poverty level, which equals $19,506 for a single person in 2026, or those receiving SNAP, TANF, or SSI benefits.
Oregon eliminated its mandatory 90-day waiting period when ORS 107.065 was repealed in 2011, making it one of the fastest states for divorce finalization. Uncontested dissolutions typically complete in 4-8 weeks from filing, while contested cases involving disputes over property division after a triggered sunset clause may take 9-15 months or longer. The absence of prenuptial protection after sunset often increases both litigation time and attorney fees as courts must evaluate each asset under equitable distribution principles.
Alternatives to Sunset Clauses
Oregon couples who want flexibility without automatic expiration have several alternatives to traditional sunset clauses. Modification clauses require periodic review and mutual agreement to continue the prenup, typically every 5-10 years. This approach preserves negotiating power for both spouses and allows adaptation to changed circumstances, though it requires active participation to maintain protections.
Scheduled review provisions obligate both parties to meet with attorneys at predetermined intervals to assess whether the prenuptial terms remain appropriate. Unlike sunset clauses, these provisions do not automatically terminate the agreement but create structured opportunities for amendment. Some couples combine scheduled reviews with automatic modifications, such as increasing the less wealthy spouse's property share by 5% at each review date unless both parties agree otherwise.
Escalation clauses modify specific provisions over time without full termination. For example, a prenup might provide that separate property protection decreases by 10% of the protected amount every 5 years, reaching full marital treatment after 50 years of marriage. This gradual approach rewards longevity while maintaining some asset protection throughout the marriage.
Postnuptial agreements offer another alternative for Oregon couples who did not include sunset clauses in their original prenup or who want to modify their arrangement after marriage. While Oregon does not have specific statutes governing postnuptial agreements, courts generally enforce them under contract principles when they satisfy similar voluntariness and fairness standards as prenuptial agreements. A postnuptial agreement can terminate, modify, or replace prenuptial provisions including any sunset clauses.