In Oklahoma, When Is Alimony Awarded, And If So, How Long Is It Awarded For?

When you’re going through a divorce in Oklahoma, understanding how alimony works and when alimony is awarded is important. Alimony, AKA spousal support, is a form of financial assistance that one spouse may be a requirement to provide to the other after the dissolution of marriage. The laws in Oklahoma cover when they award alimony, its duration and if it’s modifiable. Read on to learn more about these laws and how an alimony lawyer can help.

What Is Alimony And When Is It Awarded?

Alimony is a payment that one spouse may have the requirement to make to the other following a divorce. It’s design is to help the receiving spouse continue to have a standard of living that is similar to the standard of living that they had during the marriage. This particularly happens if there’s a significant disparity in income or earning potential between the spouses.

In Oklahoma, alimony can be awarded when you and your spouse decide to dissolve your marriage. The court considers several factors before deciding on alimony. These include the length of your marriage, your standard of living during the marriage, your respective ages and health, the earning capacity of each spouse, and the financial need of the spouse seeking support. If you are in a very young marriage, you are less likely to receive alimony versus a marriage that has lasted decades.

How Is Alimony Determined?

The determination of alimony in Oklahoma isn’t a straightforward calculation. Instead, it’s based on the specific circumstances of each case. The court evaluates the needs of the spouse seeking support and the ability of the other spouse to pay. This assessment includes looking at your income, assets, and liabilities. It also looks at the assets and income of the person asking for alimony.

Other considerations are any assets that the party asking for alimony took from the divorce in the final settlement. This means if they received a settlement it might mitigate their need and thus might impact alimony payments based on need. An example could be that if you gave the party asking for alimony a larger part of a retirement account or a larger share of a business , this could off set alimony. The court also considers any contributions you may have made to your spouse’s earning ability, such as supporting them through education or training.

Types Of Alimony In Oklahoma

In Oklahoma, support alimony’s intention is to provide financial support to a spouse. On the other hand property division alimony is for the equitable division of marital property. The court will specify the amounts for each in the divorce decree. The court decides this only after an exhaustive look at both marital parties assets and liabilities. The higher the assets in a divorce and the longer the marriage will impact the alimony award. Rarely is alimony’s award based on punishment for bad deeds done by either person during the marriage. This includes cheating and things of this nature.

Duration Of Alimony

The duration of alimony in Oklahoma varies depending on the circumstances of your divorce. Typically, support alimony is temporary and continues until the receiving spouse can become self-sufficient. However, there’s no set period for alimony payments, and the court has wide discretion in determining the duration. The length of your marriage often plays a significant role in this decision – the longer the marriage, the longer the potential duration of alimony.

Termination Of Alimony

Under Oklahoma law, certain events can lead to the termination of alimony payments. These include the death or remarriage of the recipient spouse. If you’re receiving alimony and decide to remarry, the court will automatically terminate the support payments unless you can prove that you still need the support and that receiving it would be equitable. Additionally, if you’re receiving alimony and choose to live with someone in a relationship resembling marriage, the court may consider this a ground to modify or terminate the alimony.

Modification Of Alimony

Alimony payments can be modified under specific circumstances. If there’s a substantial and continuing change in the circumstances of either party, such as a significant change in income, the court may modify the terms and total amount of alimony. The judgment amount itself, short of death or cohabitation, can not be modified. But, the regular payment amounts can stretch out to reflect the change of circumstances.

Oklahoma Alimony Lawyer In Your Corner

Understanding exactly when alimony is awarded can be frustrating. This is especially true during the emotional turmoil of a divorce. It’s important to understand your rights and obligations under the law. If you find yourself in this situation, consider seeking legal advice to help you navigate these waters. An experienced family law attorney can provide you with guidance tailored to your specific circumstances. This helps ensure that your interests are protected throughout the divorce process. Remember, every divorce case is unique, and what applies to one situation may not apply to another.  Kania Law Office has helped many clients in the state resolve alimony issues during divorce proceedings. If you’re facing a divorce and need clarity on alimony, contact Kania Law Office at (918) 743-2233 or online for support.