Alimony

Unlike child support, no set equation determines a spouse’s support or alimony in Oklahoma.  Also, unlike child support, alimony or spousal Alimonysupport 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. Our Divorce attorneys can help with spousal support issues in Oklahoma. 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:Alimony

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 of award, if any, 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.

Read This Article For More Information Alimony and Tulsa divorce

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.

Tulsa Divorce Attorneys Blog

Step-Parent Adoption

There are several ways that adoption proceedings in Oklahoma can initiate.  The most common we see are when a step-parent wants to adopt a child.  Step-parent adoptions in Oklahoma are often rife with procedural complications.  An individual wishing to do this kind of adoption should consult with one of our step-parent adoption attorneys Tulsa. This will give you a better understanding of the requirements needed to ensure success. The Process of Step-Parent Adoptions in Oklahoma: The first step is to establish who is going to adopt from who…. Read More

Consequences for Adultery And Its Impact On A Divorce in Tulsa Oklahoma

The consequences for adultery in divorce will be based on several factors. Adultery, often defined as voluntary sexual relations between a married person and someone other than their spouse, can have significant consequences in a divorce case. While Oklahoma uses no-fault divorce laws, where neither party has to prove fault, adultery can still impact key aspects of a divorce, including property division, alimony, and child custody. Understanding how the law treats adultery is crucial if it plays a role in your divorce proceedings. How Adultery Impacts Divorce… Read More

Guardianship in Oklahoma: Understanding Types and Requirements

Guardianship in Oklahoma involve an arrangement in which one person (the guardian) is appointed by the court to make decisions on behalf of another person. The other person is called a ward and they are generally unable to make decision because of an incapacity or disability. In Oklahoma, guardianship is a crucial legal tool that can provide protection and support for individuals who are unable to care for themselves. There are many different kinds of guardianships. Understanding the types of guardianship available and the requirements to obtain… Read More

How Long Is A Protective Order Against An Abusive Partner in Oklahoma?

Understanding how long a protective order is good for can be crucial to safety. In Oklahoma, protective orders—also known as restraining orders—serve as a critical legal tool for individuals seeking to protect themselves from domestic abuse. These orders can provide a sense of security and necessary legal boundaries to safeguard victims. Types of Protective Orders in Oklahoma Oklahoma law provides several types of protective orders depending on the nature of the threat and the relationship between the parties involved. The three primary types are: Emergency Protective Orders… Read More