What Is Alimony and How Does It Work? Oklahoma Alimony Guidelines.

One of the toughest parts of a divorce in Oklahoma is figuring out alimony. Whether you’re seeking spousal support or worried about paying it, knowing Oklahoma's laws is key to protecting your financial future. The Oklahoma City divorce attorneys at Yarborough Law Group will help you understand whether alimony may be a factor in your divorce.

Types of Alimony in Oklahoma

If you’re considering filing for divorce in Oklahoma, you likely have questions about alimony. Also called “spousal support,” alimony is financial assistance given by one spouse to another. This support can come in the form of money or the transfer of property, and it may be given during or after divorce proceedings.

Unlike child support, which follows specific guidelines, Oklahoma law doesn't provide a set formula for calculating alimony payments. While other states explicitly define "rehabilitative" or "permanent" alimony, Oklahoma courts determine appropriate support on a case-by-case basis., considering the requesting spouse's demonstrated need and the other spouse's ability to pay.

How Courts Determine Alimony in Oklahoma: 8 Factors

When determining whether to award alimony and calculating payment amounts, Oklahoma judges consider many factors, including:

Let’s look at each factor in more detail.

1. The Length of the Marriage

The duration of the marriage is a foundational element in alimony decisions. In shorter marriages, any alimony awarded — if it’s awarded at all — is usually temporary and focused on helping the recipient become self-sufficient.

Longer marriages, especially those exceeding a decade, may suggest a greater degree of financial interdependence. For example, one spouse may have sidelined their career during that time, making it harder to return to the workforce at their full capacity. This will factor highly in any alimony decision.

2. The Age of Both Spouses

Age directly affects employability and earning potential. Older spouses might face greater challenges in reentering the workforce or securing comparable employment after a divorce. This is especially true if they've been out of the workforce for an extended period due to family responsibilities.

3. Each Spouse's Earning Capacity

The court carefully examines the earning potential of both spouses, considering not just their current salaries but also their education, skills, work experience, and overall ability to generate income. A significant disparity in earning capacity often favors alimony for the lower-earning spouse.

4. The Physical and Mental Health of Both Parties

The physical and mental well-being of each spouse can greatly impact their ability to work and support themselves. Health issues that limit employment prospects are often grounds for alimony, particularly if they arose during the marriage or were exacerbated by it.

5. Each Spouse's Financial Means

A thorough assessment of each spouse's assets, debts, and overall financial resources is essential. The court may consider real estate holdings, investments, retirement accounts, and any other assets or income sources. With this information in mind, the court is empowered to make fair and equitable financial decisions for both parties.

6. The Standard of Living During the Marriage

The lifestyle established during the marriage provides a benchmark for determining appropriate alimony. While maintaining the same standard of living may not be feasible, the court strives to ensure the recipient can carry on a reasonably comparable lifestyle, considering factors like housing, transportation, and everyday expenses.

7. The Time Needed for a Spouse to Become Self-Supporting

The goal of many spousal support arrangements is to make the receiving spouse self-supporting. The court will consider the time and resources needed to achieve this goal, which may involve completing their education or training for a new career as they enter or reenter the workforce. Alimony can be structured to support this transition.

8. Evidence of Each Spouse's Ability to Earn Income

Concrete evidence demonstrating each spouse's earning capacity is crucial. This might include pay stubs, tax returns, employment history, and expert testimony regarding potential future earnings. The court needs a clear picture of each spouse's financial reality and career prospects to make informed decisions.

The Role of Misconduct in Alimony in Oklahoma

While Oklahoma is a no-fault divorce state, a spouse's misconduct can sometimes affect alimony decisions. However, courts won't use alimony to punish bad behavior. Misconduct only becomes relevant if it has affected the requesting spouse's need for support.

For example, if a financially abusive spouse prevented the other spouse from earning their own income, the judge will consider the abused spouse’s situation when awarding alimony.

Can Women Pay Alimony in Oklahoma?

Oklahoma law recognizes that either spouse may need financial support after a divorce. Both men and women can petition for alimony, and courts should not take gender into account while making decisions. However, while either spouse can pay alimony, it is overwhelmingly awarded to women.

How Do You Pay Alimony in Oklahoma?

When a judge awards alimony, they can structure payments in several ways:

• Monthly installments over a set period
• A one-time lump-sum payment
• The transfer of property or assets
• A combination of these methods

You can also negotiate the terms of spousal support, including the payment structure, through arbitration or mediation.

How Alimony Payments Are Made

The paying spouse might be required to send checks directly to the receiving spouse. Alternatively, the court might order payments to be sent to the court clerk's office, who then forwards them to the recipient. Finally, spousal support can be deducted directly from the paying spouse’s paycheck.

What Happens If Alimony Isn't Paid?

If a spouse fails to make required alimony payments, the other spouse can take legal action. This might involve filing a motion to garnish the other spouse’s wages. Additionally, the judge can hold the nonpaying spouse in contempt of court, which could lead to penalties like fines or even jail time.

How Long Does Alimony Last in Oklahoma?

In Oklahoma divorce cases, there are two main timing scenarios for alimony: temporary and post-divorce.

Temporary Orders

Also known as “spousal maintenance,” temporary orders provide funds to the receiving spouse during the divorce process. These funds help maintain financial stability until the divorce is finalized.

Post-Divorce Alimony

Often, spousal support is awarded in the final divorce decree. Unlike some states, Oklahoma doesn't allow permanent alimony that continues indefinitely. Instead, a judge might set a total amount (called a money judgment) that can be paid either as monthly installments or as a lump sum.

Monthly alimony installments may end if:

• The total awarded amount is paid
• Either spouse dies
• The receiving spouse remarries

If the receiving spouse remarries, the paying spouse must file a termination order to end payments. This order is not automatically granted, however. The recipient has 90 days after remarriage to request continued payments by proving ongoing need and showing that continued payments wouldn't be unfair to the paying spouse.

Modification of Alimony Arrangements in Oklahoma

Life circumstances can change after divorce, and Oklahoma law recognizes this. Either party can request modifications to an existing alimony agreement if they can show the following:

• Either spouse has undergone a substantial change in circumstances
• The change affects either the need for support or the ability to pay
• The change is ongoing, not temporary
• The current arrangement has become unreasonable

Common reasons for modification requests include:

• Job loss or significant income changes
• Serious illness or disability
• Remarriage or cohabitation with a new partner
• Significant changes in financial needs

Turn to an Oklahoma City divorce attorney for help drafting a clear modification request or assistance responding to an unreasonable request by your ex-spouse.

Tax Implications for Oklahoma Alimony Payments

For divorces finalized after 2018, alimony payments are no longer tax-deductible for the paying spouse, nor are they considered taxable income for the receiving spouse. This situation changed with the Tax Cuts and Jobs Act. It represents a significant shift from the previous tax treatment of alimony.

Alimony and Mediation in Oklahoma

You and your spouse can reach a mutual agreement on alimony, including the amount and duration of payments. If you're struggling to come to an agreement, consider divorce mediation as a less stressful and more cost-effective alternative to court proceedings.

Alimony in Oklahoma: Working with an Attorney

Whether you're being asked to pay spousal support or seeking it yourself, skilled legal representation is crucial. Our Oklahoma City divorce attorneys can:

• Evaluate your financial situation
• Gather necessary evidence to support your position
• Negotiate a fair agreement
• If needed, present compelling arguments in court
• Handle modification requests
• Ensure proper filing of all required documentation

Hiring a divorce attorney to advocate for you is an investment in your future.

Get Professional Legal Support at Yarborough Law Group

Divorces involving alimony are particularly complex. At Yarborough Law Group, we can help you understand your rights and deal with the Oklahoma legal system.

Our divorce lawyers in Oklahoma City are here to provide the guidance and support you need during this difficult time. Contact us today for a consultation to discuss your specific situation.