Whether adultery will affect the court’s decision regarding alimony awards will depend on many factors. Alimony, or spousal support, is a financial payment a court orders to support a spouse after a divorce. In Oklahoma, the court has broad discretion when determining alimony, considering factors like the length of the marriage, the financial needs of the requesting spouse, and the paying spouse’s ability to pay.
Alimony in Oklahoma: The Basics
Alimony in Oklahoma provides financial support to a spouse who may be at a disadvantage after ending a marriage. The court may award temporary, rehabilitative, or permanent alimony depending on the circumstances.
To determine whether alimony is appropriate, the court considers factors such as:
- The financial need of the requesting spouse
- The ability to pay of the other spouse
- The standard of living established during the marriage
- The length of the marriage
- Each spouse’s earning capacity and contributions to the marriage
Unlike some states, Oklahoma does not have a set formula for calculating alimony. Instead, judges weigh the unique circumstances of each case to determine what is fair and equitable. In most cases, adultery does not automatically impact alimony awards in Oklahoma. The primary purpose of alimony is to address the financial disparity between the spouses rather than to punish one party for marital misconduct.
When Can Adultery Influence Alimony?
Although adultery does not automatically affect alimony, there are situations where it may become relevant:
a. Dissipation of Marital Assets
If the spouse committing adultery used marital funds to finance the affair—such as paying for gifts—the court may view this as a dissipation of marital assets. Dissipation reduces the financial resources available to the non-adulterous spouse and can be factored into alimony awards.
For example, if a spouse spends thousands of dollars on an extramarital affair, the court may compensate the non-adulterous spouse by increasing their alimony award or adjusting the division of property.
b. Impact on Financial Stability
If the affair caused significant financial harm to the non-adulterous spouse—such as loss of income, additional expenses, or legal fees—this financial instability may influence the court’s alimony determination.
c. Emotional or Marital Impact
While courts generally avoid penalizing spouses for misconduct, the emotional and marital breakdown caused by adultery can indirectly influence alimony decisions, especially if it affects the requesting spouse’s ability to work or maintain financial stability.
Temporary alimony, or pendente lite support, is awarded during the divorce process until the divorce is finalized. Since temporary alimony focuses on immediate financial needs, adultery is unlikely to have a significant impact on these awards unless it directly affects the financial circumstances of the parties.
The Role of Prenuptial and Postnuptial Agreements
If the spouses signed a prenuptial or postnuptial agreement that includes clauses related to adultery, those provisions may directly impact alimony awards. For example, an agreement might state that a spouse forfeits their right to alimony if they commit adultery.
However, Oklahoma courts will only enforce such agreements if they are deemed fair, voluntary, and not against public policy. If a provision is overly punitive or unreasonable, the court may refuse to uphold it.
Proving Adultery in Court
If a spouse believes that adultery should influence alimony or other aspects of the divorce, they must provide evidence of the affair. This can include:
- Text messages, emails, or social media posts
- Photographs or videos of the spouse and the affair partner
- Financial records showing spending on the affair
- Witness testimony from friends, family, or private investigators
Gathering and presenting evidence can be challenging, so working with an experienced divorce attorney is essential.
Tulsa County Family Law Attorneys
In Oklahoma, adultery does not automatically impact alimony awards, as the court focuses on financial needs and resources rather than fault. However, adultery may become relevant if it involves dissipation of marital assets, causes financial harm, or is addressed in a prenuptial or postnuptial agreement.
If adultery is a factor in your divorce, contact us today at Tulsa Divorce Attorneys & Associates by calling 539-302-0303 or contact us online.