Divorce can be among the most financially and emotionally daunting experiences of an individual’s life. For many women in Oklahoma, particularly those who have not been the breadwinners in their families, the dissolution of marriage feels like jumping into financial limbo. The loss of the financial security they had while married tends to make the prospect of divorce even harder to bear.
Fortunately, Oklahoma law does provide a pathway to financial support for spouses who may need help transitioning into post-marriage life.n This form of support is known as alimony or spousal support, and it exists to help ensure that both individuals can maintain a reasonably similar standard of living to the one they experienced while married.
What is Alimony in Oklahoma?
Alimony in Oklahoma is a payment ordered by the court from one spouse to the other, usually after divorce. It is designed to assist the lower-earning or non-working spouse in adjusting economically to post-marriage life. This might be particularly necessary in cases where one spouse forwent a career to care for children or enable the other’s aspirations.
There are two types of alimony recognized in Oklahoma. The first is spousal maintenance, which can be awarded during the course of the divorce, but terminates when the divorce becomes final. The second, post-decree alimony, is awarded after the divorce is final and can be in the form of periodic payments, a lump payment, or the transfer of property, as the court deems appropriate.
How Do Courts Decide?
Whereas child support is governed by strict formulae, alimony under Oklahoma law is not governed by formula. Rather, it is founded on a number of considerations. Among the most significant are:
• The need of the receiving spouse.
• The paying spouse’s ability to pay.
The courts also examine the duration of the marriage, the standard of living during the marriage, and the non-monetary and monetary contributions of both spouses. If the asset distribution from the divorce is adequate to enable the lower-earning spouse to lead the same lifestyle as before, the judge may choose not to grant alimony at all.
For more information, you can go through this in-depth article on alimony in Oklahoma.
Other Significant Factors
Besides income and assets, Oklahoma courts will also consider other factors in deciding on alimony. For instance:
If the spouse responsible for paying has child support to pay in addition to alimony, it might affect their capability to pay the former. In such a situation, the court will lower or even refuse to grant alimony.
If the requesting spouse is the primary caregiver for minor children, the court can be more likely to grant support to assure the stability and continued well-being of the child.
If the receiving spouse subsequently marries, alimony usually terminates, except where there is a legal basis to continue support to equalize asset division.
Life After Divorce: Financial Realities
To many women who relied on their husbands financially, divorce means a harsh new reality. Monthly bills, such as housing, utilities, food, and transportation, now become sole responsibilities. Factor in the likelihood of needing to go back to work, maybe after years away from it, and the weight can be crushing.
The Role of Legal Representation
Because there isn’t a particular calculation of alimony in Oklahoma, how a case is handled in court does make a significant difference. A seasoned legal expert can assist in accumulating the required monetary documents, show the actual expense of sustaining a post-marriage standard of living, and effectively plead for equitable support.
Courts also can revisit alimony plans if there are changes in life, including the loss of a job, medical problems, or remarriage. An experienced lawyer can assist you with filing for changes or protecting against modifications that are not in your best interest.
In other situations, courts might compel one spouse to pay for some of the other spouse’s lawyer fees, based on finances and equity.
In Summary
Divorce can signal the end of an era, but it doesn’t have to signal financial devastation. Oklahoma law has a system in place to protect both spouses from unfairness, particularly when there is substantially greater earning power or resources in one spouse.
Oklahoma alimony is not always automatic, but by following the right strategy and with the proper legal counsel, you can set yourself up for a more stable financial future. Knowing how spousal support functions and what the courts look for will assist you in making this significant life change with more assurance.