Understanding Alimony in Oklahoma Divorces: Who Gets What and Why?
Divorce can be complicated and emotional. There are several issues to hash out, including child support, child custody, and property division. Potentially, the need to determine spousal support or alimony may be another factor that has to be addressed.
When one spouse needs financial assistance, either temporarily or for a prolonged period of time, the other may have to pay alimony. Sometimes, a spouse who needs financial support only needs it as the divorce process is working itself out. Other times, a spouse may need spousal support long after the divorce is finalized.
If you are divorcing your spouse in Oklahoma, then you may be unsure about what to expect and what your rights are. An Oklahoma City family law attorney at the Putnam Law Office can review your case and determine if alimony is appropriate for your situation and how much would be fair.
How Alimony Works in Oklahoma
There is no specific calculation or formula that is uniform for calculating how much alimony one spouse may get. Likewise, each spouse may have the ability to recover alimony from the other spouse. A spouse who believes they need alimony as their divorce is ongoing can request financial support and an agreement can be made for the amount between the spouses. When an agreement cannot be made, a judge can determine how much is warranted.
Once a divorce is over and a final decree has been issued, alimony will be determined by the courts, and the spouses must abide by the terms. This is why, when alimony is needed, it is critically important to ensure that the amount included in an arrangement is accurate for the financial circumstances of the receiving spouse.
When the courts assess alimony, they look at two things:
- The marriage must be connected with a need for financial assistance.
- The spouse who is ordered to pay alimony must be able to do it.
Usually, the spouse who earns the most is ordered to pay alimony. Alimony may be a pre-determined amount of money or paid in other ways, like with property.
When a judge is evaluating alimony, they will look at several factors to come to a reasonable and fair amount. The length of the marriage, the physical and mental health of each of the spouses, each spouse’s age, the financial means of each spouse, and more. On some occasions, when misconduct is the reason why the divorce occurred, then this also may play a role in the judge’s decision for how much alimony should be awarded. This is true only if the alleged misconduct affected a receiving spouse’s financial position.
The amount of time a paying spouse has to pay alimony can vary. A temporary order may only last as long as the divorce process and then end when the divorce is finalized. Post-divorce alimony may be paid in monthly installments or in a lump sum.
Speak to an Attorney at the Putnam Law Office Today
Divorce is rarely uncomplicated, and this is especially true when it comes to finances. If you would like assistance with your divorce, please call the Putnam Law Office today at (405) 849-9149 to schedule a free consultation.