Whether you have to pay alimony after a divorce in Tulsa County will depend on a few different factors. The court considers aspects of the marriage and the financial circumstances of both parties when determining whether to award alimony. Here’s a detailed overview of how alimony works in Oklahoma and the factors that influence its award.
Understanding Alimony in Oklahoma
Alimony, also known as spousal support, is financial support one spouse pays to the other after a divorce and works to help the lower-earning spouse maintain a reasonable standard of living post-divorce. Some of the factors that the court considers when deciding if you need to pay alimony after a divorce includes:
Duration of the Marriage: Alimony is more likely to be awarded in longer marriages, as the lower-earning spouse may have become more financially dependent on the higher-earning spouse over time. The court examines the income, assets, and earning capacity of both spouses.
Age and Health: The age and health of both spouses can impact the court’s decision. A spouse with health issues or advanced age may have limited earning potential and a greater need for support.
Earning Capacity: The court looks at each spouse’s education, work history, and skills to assess their ability to support themselves. Future employment prospects and the time it may take for the lower-earning spouse to become self-sufficient are important factors.
Contributions to the Marriage: Contributions as a homemaker or stay-at-home parent can play a role. The court acknowledges the economic and non-economic contributions made by a spouse who may have sacrificed career opportunities to support the family. Contributions to the other spouse’s education or career advancement can also influence the decision.
Custodial Responsibilities: If one spouse has primary custody, this can impact their ability to work and their need for additional financial support. While Oklahoma is a no-fault divorce state, egregious behavior may still influence the court’s decision on alimony in some cases.
While this is not an exhaustive list of what the court will consider, these are the biggest contributing factors.
Types of Alimony You May Pay After a Divorce
In Oklahoma, there are a few different types of alimony, each with their own criteria.
Temporary Alimony: This is support that you may pay during the divorce process to help the lower-earning spouse maintain financial stability until after you finalize the divorce.
Rehabilitative Alimony: This type of alimony is awarded to help the lower-earning spouse become self-sufficient, such as by obtaining education or job training. It is usually temporary and lasts until the recipient can support themselves.
Permanent Alimony: In some cases, permanent alimony is awarded when the lower-earning spouse is unlikely to become self-sufficient due to age, health, or other factors. However, this is less common and typically reserved for long-term marriages.
Lump-Sum Alimony: Instead of periodic payments, the court may order a one-time lump-sum alimony payment.
Modifying or Terminating Alimony
It’s possible to both modify and terminate alimony. Either spouse can request a modification after a significant change in circumstances, such as a change in income or health. The requesting party must demonstrate how the change affects their need for support or their ability to pay.
Termination can be slightly more complex. Alimony typically terminates if the recipient spouse remarries or upon the death of either spouse, unless the court orders otherwise. In some cases, it can terminate if the recipient spouse cohabitates with another person in a relationship similar to marriage.
Tulsa County Alimony Attorneys
In Oklahoma, whether you have to pay alimony after a divorce depends on various factors, including the length of the marriage, financial resources, age and health of the spouses, earning capacity, contributions to the marriage, custodial responsibilities, and any marital misconduct. The court has the discretion to award different types of alimony based on these considerations.
Our team here at Tulsa County Lawyers Group will guide you through the alimony process, including modification and termination. If you need help, contact us today by calling (918) 379-4864 or reach us online for a consultation.
