Exploring Spousal Support & Alimony In Oklahoma Family Law

In this article, you can discover:

• Why the state of Oklahoma awards spousal support to some divorcing spouses.
• The factors that are considered when calculating the amount of support awarded.
• How our firm is working with survivors of domestic violence to secure access to counseling and other resources.

Does Oklahoma Recognize Alimony Or Spousal Support Awards In A Divorce Case?

Two main factors influence whether alimony is awarded in Oklahoma. One, a person must have the need for spousal support, and two, the other spouse must have the ability to pay.

If you’re the person looking for spousal support, you have to show that the severance of the family finances and income will put you in a position where you’re not able to maintain your livelihood, while your former spouse will be able to transition into a separate entity with little harm.

But, even if you are in a position where you can’t maintain your lifestyle without support, you will not be granted alimony if the other person can’t afford to make the payment. Why? Because if the other person is in the same boat as you financially, the court will not recognize that alimony is necessary. It will only be granted when both elements are proven: That one spouse has a need and the other spouse has the ability.

If it is determined that spousal support is needed and can be afforded, there are a wide range of factors that are considered to determine how much support with be paid. Unlike in child support cases, there is so calculator that gives consistent results in alimony cases. Instead, these numbers are determined by a judge.

Some of the greatest factors that influence the amount of support awarded include:

• Which partner is responsible for joint debt from the marriage,
• If either partner supported the other through homemaking and raising children,
• If either partner supported the other through school or employment opportunities,
• Whether either partner sacrificed job or employment opportunities for the other,
• What training and employment prospects are available to each partner,
• And more…

For example: The most common situation in which support would be awarded would be that of a homemaker with little to no job training who supported the home and family while the other spouse forged a successful career.

It doesn’t matter whether the “successful” spouse is the husband or wife in these situations. Why? Because spousal support is awarded to provide a fair and just starting point for spouses who have contributed in non-economic ways to the financial situation of their partner.

On that same token, if the “lifestyle” that a spouse is used to includes ancillary spending such as weekly pedicures, facials, shopping, etc., Oklahoma courts will not be likely to award spousal support that will cover such indulgences. Instead, the courts are looking to see a need for support that helps a person afford things such as housing.

Recently, our firm has been working with survivors of domestic abuse to secure comprehensive spousal support awards that provide coverage for an increased range of needs. Our divorce attorneys and family lawyers understand that domestic violence affects individuals in all corners of our society – from people in tribal nations to those in the district court. Therefore, we’ve been working to see spousal support awards that reflect the need for family counseling, support groups, and more.

Because of the intense emotional repercussions that survivors of domestic violence face, it’s important to secure access to avenues of healing. And with Oklahoma’s ever-revised domestic violence statutes that include coverage for attorney’s fees, we believe that increased spousal support is another necessary aspect of just consideration.

For more information on Determining Spousal Support/Alimony In OK, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (918) 890-0881 today.