How alimony is decided in an Oklahoma divorce will often depend on many factors. When you go through a divorce in Oklahoma, you might wonder what you will do financially. Commonly referred to as spousal support, alimony is money that one spouse pays to the other after a divorce. Its sole purpose is to help the receiving spouse keep a standard of living similar to what they had during the marriage. This is usually crucial for someone like a stay at home mom. For more information, continue reading our article below. To know about other important legal issues, check out our Family Law Blog here.
Understanding Alimony in Oklahoma
In Oklahoma, alimony is not a guaranteed part of the divorce process. Instead, it is based on the financial need of one spouse and the other spouse’s ability to pay. Alimony can be temporary or permanent, depending on the circumstances of the marriage and divorce. As such, in most circumstances the length of the marriage will determine these factors. If you have only been married a year, the likelihood of you needing spousal support in the eyes of the court is slim. However, a mother who has been a fulltime homemaker for fifteen years would be a viable candidate for alimony.
Factors That Influence Alimony
The decision to award alimony in Oklahoma hinges on several specific factors. These include:
- Length of the Marriage: Generally, longer marriages are more likely to result in alimony payments, especially if one spouse has become financially dependent on the other.
- Standard of Living During the Marriage: Courts look at the lifestyle you and your spouse maintained while married. Alimony may be awarded to help the lower-earning spouse maintain a lifestyle close to what they had during the marriage.
- Financial Resources of Each Spouse: This includes the income, employment, and the ability to earn income in the future. If one spouse makes significantly more money than the other, or if one spouse is not currently working but has a high earning potential, these factors will be considered.
- Health and Age of Both Spouses: If one spouse is older or has health issues that affect their ability to work, this may impact the alimony decision.
- Contribution to Household or Career: If one spouse supported the other’s career or managed the household, allowing the other to focus on their career, this might also impact the decision.
Ultimately, the court will make a determination based on one or a combination of the above. It’s important that if you need alimony that you are precise in why you should have it. This can include presenting provable evidence that you would be financially impacted by the divorce. Once the alimony payments have been decided by the court, the spouse ordered to pay must do so timely each month until the amount awarded is satisfied.
Calculating Alimony
There is no set formula for calculating alimony in Oklahoma; it is largely at the discretion of the judge. The courts aim to make a fair assessment based on the financial situations of both parties. The amount and duration of alimony are typically decided after considering the above factors. Further, the person needing alimony should have a provable list of expenses that they will have after the divorce or legal separation is finalized. This will help the judge to make a more accurate decision when awarding alimony. A family law attorney with the proper experience is the best person to help you draft this.
Modifying Alimony
After alimony has been awarded, changes in circumstances can lead to modifications. Significant changes in income, health, or marital status (such as the recipient getting remarried) can warrant a review and modification of the alimony terms. Alimony is not frivolous money, it is money that is there for a person to live off of as a necessity.
Understanding all these factors can help you anticipate the potential for alimony in your divorce. While alimony is not a right, and each case is unique, knowing what the courts consider can help you understand the likely outcomes of your divorce proceedings.
Tulsa Alimony Attorney
Alimony decisions in Oklahoma depend on multiple factors that reflect the financial needs and abilities of both spouses. There’s no guaranteed outcome, but the court’s goal is to achieve a fair result that helps both parties move forward after the divorce. A Tulsa alimony lawyer can help you understand the factors that affect alimony and how it is calculated. Our team at Tulsa Divorce Attorneys can clarify your rights and the next steps. We are dedicated to making sure you get the best outcome for you to move forward with your life. For a free consultation, contact us by calling (539) 302-0303. You can also use our Ask A Lawyer feature.