In Oklahoma, there is no rigid formula for determining spousal support, also known as alimony, in a divorce.1Instead, the state's legal framework centers on a case-by-case evaluation of one spouse's need for financial assistance and the other spouse's ability to provide it.2 The primary goal of alimony is to ensure that both parties can maintain a reasonable standard of living post-divorce, particularly when there is a significant disparity in their earning capacities.
Key Factors Considered by Oklahoma Courts:
When deciding whether to award spousal support and determining the amount and duration, Oklahoma courts consider several factors:
The demonstrated need of the requesting spouse: The party seeking alimony must prove a financial need that is a direct result of the marriage.
The other spouse's ability to pay: The court will assess the paying spouse's income, assets, and overall financial situation to ensure they can afford the support payments.
The length of the marriage: Generally, longer marriages are more likely to result in an award of spousal support, potentially for a longer duration.
The parties' past and future earning capacity: The court will look at each spouse's education, work history, and potential to earn income.
The standard of living established during the marriage: The court aims to prevent a drastic change in the supported spouse's lifestyle after the divorce.
The health of each spouse: Physical or mental health issues that affect a spouse's ability to be self-supporting can be a significant factor.
The division of marital property: The amount of marital assets each spouse receives in the divorce can impact the need for and amount of alimony.
The time necessary for the recipient to become self-supporting: The court may consider the time required for a spouse to obtain education or training to re-enter the workforce.
It is important to note that marital misconduct, such as adultery, is generally not a factor in determining whether to award alimony in Oklahoma. The focus remains on the financial circumstances of the spouses.
Types and Duration of Spousal Support:
While Oklahoma statutes do not explicitly define different types of alimony, in practice, courts may award support for varying durations and purposes:
Temporary Support: This may be ordered while the divorce is pending to provide financial stability to a spouse until the final divorce decree is issued.
Rehabilitative Support: This is the most common type of alimony in Oklahoma. It is intended to be for a limited period to allow the receiving spouse to acquire the necessary skills, education, or training to become self-sufficient.
Long-Term or "Permanent" Support: In cases of long-term marriages where one spouse has a significantly diminished earning capacity due to age, health, or having been out of the workforce for an extended period, the court may award support for a longer, though not necessarily permanent, duration.
Modification and Termination of Spousal Support:
Spousal support orders are not necessarily set in stone. They can be modified or terminated under certain circumstances, such as:
A substantial and continuing change in the financial circumstances of either party.
The remarriage of the recipient spouse.
The cohabitation of the recipient spouse with a new partner to the extent that it reduces their need for support.
The death of either party.
Parties can agree on the terms of spousal support through a settlement agreement. However, if they cannot reach an agreement, the decision will be left to the discretion of the court. Given the complexities of spousal support in Oklahoma, individuals facing this issue are encouraged to seek legal advice from a qualified family law attorney.
Author: Brian J. Boeheim
Brought to you by: Boeheim Freeman Law - Tulsa, Oklahoma - (918) 884-7791 - onyourworsday.com