If you’re paying (or receiving) alimony in Oklahoma and your circumstances look very different from when the divorce decree was entered, you may be wondering whether the court will adjust the amount—or end payments altogether. The good news: it’s possible to modify alimony in many situations. The caution: not all “alimony” is modifiable, and Oklahoma law has specific rules, deadlines, and procedures you must follow.
Start With Your Divorce Decree: What Kind of “Alimony” Do You Have?
Oklahoma decrees often include two very different financial components: support alimony (true spousal support) and payments tied to the division of marital property. Support alimony may be changed, but property-division payments are permanent.
Your decree should spell out which dollars are support and which relate to property, which the court must decide when finalizing the decree.
When Can Support Alimony Be Modified?
Oklahoma statutes allow a court to modify support alimony upon proof of a substantial, continuing change in circumstances affecting need or ability to pay that makes the existing order unreasonable. This standard applies in post-decree motions statewide, including here in eastern Oklahoma.
Courts also look at the same factors as the original award: demonstrated need, the other party’s ability to pay, the length of the marriage, earning capacity, and related fairness factors. While Oklahoma doesn’t have a concrete formula, judges evaluate whether the original support level is still appropriate.
Common Reasons to Seek a Modification
Below are situations that frequently justify asking the court to increase, decrease, or terminate support alimony. Not every change will qualify—you must show it is material, substantial, and ongoing.
Major Change in Income
Job loss, demotion, disability, or retirement can limit the paying spouse’s ability to continue at the ordered level. However, significant income growth by the recipient can also support a reduction.
Increased Financial Need
Serious illness, disability, or unexpected long-term expenses may increase the recipient’s need and support a request for more time or higher payments.
Remarriage of the Recipient
Support alimony terminates upon the recipient’s remarriage unless they timely ask the court (within 90 days) to continue support and prove ongoing need and fairness. The paying spouse may need to apply to ensure the court officially recognizes the termination.
Cohabitation
If the recipient voluntarily cohabits with a member of the opposite sex in a marriage-like relationship, that’s statutory grounds to seek reduction or termination—if the new relationship materially changes need. Cohabitation does not automatically end support, but it opens the door to modification if the economic picture shifts.
Special Triggers: Remarriage & Death
By statute, a divorce decree must provide that support alimony stops when the recipient dies or remarries. After remarriage, the court “shall order” support terminated upon proper application—unless the recipient files within 90 days to show continued need and that ending support would be inequitable.
How to File for an Alimony Modification in Oklahoma
The basic steps:
- File a Motion (Application to Modify Alimony) in the district court that issued your divorce decree. State the change in circumstances and what new terms you seek.
- Serve the Other Party with the motion and hearing notice so they can respond.
- Gather Documentation: updated income records, tax returns, medical documentation, proof of remarriage or cohabitation, expense changes, and any evidence showing the existing order is no longer equitable.
- Attend the Hearing: Both sides present testimony and exhibits; the judge decides whether to modify amount, duration, or terminate support.
Can We Agree to Change Alimony?
Former spouses can negotiate new alimony terms—lower, higher, shorter, or extended—and submit an agreed order to the court. Even agreed changes should be filed; informal, off-the-books arrangements leave both sides exposed to future enforcement problems.
Tulsa Alimony Modification Attorneys
Changing alimony isn’t automatic,but with the right evidence and a timely filing, you can often modify it. We help clients across Oklahoma communities seek fair post-decree alimony modifications, challenge improper requests, and enforce existing orders. Contact us today at Tulsa Divorce Attorneys & Associates by calling 539-302-0303 or contact us online.