Unlike child support, no set equation determines one spouse’s support or alimony in Oklahoma. Also, unlike child support, alimony and spousal support in Oklahoma is not an automatic right. A judge awards alimony if the parties agree or the judge, after testimony and presentation of evidence, decides to award it. In Oklahoma our Divorce attorneys can help with spousal support issues. The Oklahoma statute setting forth a parties right for support in a divorce proceeding is fairly vague, it states:
“Either spouse may be allowed such spousal support out of real and personal property of the other as the court shall think reasonable, having due regard to the value of such property at the time of the dissolution of marriage. Alimony may be allowed from real or personal property, or both, or in the form of money judgment, payable either in gross or in installments, as the court may deem just and equitable.”
In more clear terms, the courts and judges in Oklahoma have determined that should a party in a divorce seek spousal support they must demonstrate their need and their spouses ability to pay. Additionally, the courts and judges will also consider property division as well as debt assumption when deciding whether or not to award an individual support.
What You Must Show the Court to Get Alimony:
The party pursuing a claim for alimony and spousal support will need to show the court that:
1. the other party has the present ability to pay;
2. the other party’s earning capacity; and
3. their own needs and means
The Court Will Also Look At:
1. the pursuing party’s earning capacity;
2. the pursuing party’s educational history;
3. the duration of the parties marriage;
4. which party is assuming more spousal debt;
5. the amount of spousal property awarded to the party; and
6. the conduct of each of the parties.
Again no set rule exists in Oklahoma statutes for granting the amount of alimony or spousal support. Therefore, the amount, if any, of award depends on various factors. There is also no rule for how long an individual will have to pay or will be able to receive any alimony or support. The loose standard that is often seen, is that when alimony is necessary, the party will receive it for a duration that is about equal to one-third the length of the marriage.
Contact a Tulsa Divorce Attorney:
A claim for support alimony often leads to a highly contested divorce. Thus, in this type of family law case you need an experienced attorney. Our Oklahoma attorneys help with all spousal support issues and have done so for over ten years. If you have any questions regarding your rights please call for a free consultation.
- Dividing Debts in Tulsa Divorce
- Paternity Testing Discussed by Tulsa Family Lawyers
- Tulsa Lawyers Discuss Genetic Testing in Oklahoma Divorce or Paternity
- Tulsa lawyers Discuss Guardianship by Power of Attorney
- Tulsa Divorce Stops Parents Taking Kids Out of State
- Oklahoma Same Sex Step Parent Adoptions
- Explanation of Protective Orders
- Family Emergency Custody in Oklahoma
- Marital and Separate Property in Divorce
- Oklahoma Alimony Information
- Some Facts about Divorce in Tulsa
- Mediation in Tulsa Divorce and Family Law
- Explanation of Temporary Injunction
- Alimony and Tulsa Divorce
- How To Change Your Childs Name in Tulsa
- Where Do I File Divorce Tulsa Oklahoma?
- Tulsa High Conflict Divorce Attorneys
- Grandparents Rights in Family Law
- Who Gets Your Inheritance in a Tulsa Divorce?
- Relocating With Your Child After Divorce
- Oklahoma Child Support How Much You Pay
- Prenuptial Agreements
- Step-Parent Adoption
- Temporary Guardianship Through Power of Attorney
- Same Sex Child Custody
- Uncontested Divorce
- How Long it Takes For a Divorce in Oklahoma?
- Divorce and Child Support
- Divorce and Child Custody
- Oklahoma Same Sex Divorce
- Divorce and Paternity
- Child Support Attorneys in Tulsa
- Mediation and Divorce
- Child Custody and Child Preference
- Where Do I File Divorce in Tulsa?
- Oklahoma Divorce Process Overview
- New Divorce Requirements for Oklahomans
- Tulsa Child Custody Attorneys