Alimony is also referred to as spousal maintenance or spousal support; this is a legal arrangement that may make it obligatory for one partner to support the other after the marriage has been dissolved. In Oklahoma, the weaker earner has to be supported in alimony to the extent that can be likened to the standard of living known at the time of marriage or during a reasonable period after marriage. Due to the fact that alimony is closely connected with divorce, it is important to get to know what procedures are related to this term and what criteria are considered by the court in the state of Oklahoma.
What is Alimony?
Alimony is, in principle, the concept of maintenance in which one of the two spouses is obliged to make a certain contribution to the other after a divorce. Maintenance is to avoid a spouse being an economic effect of dissolution of marriage by providing him or her with a steady income whether or not the spouse to receive maintenance was ever a worker or earned far less than the other spouse. There is the interim alimony and the permanent alimony, whereby the type of alimony depends on the nature of the marriage and the needs of the spouse or partner seeking maintenance.
Factors Considered in Awarding Alimony
As in many other states, alimony in Oklahoma is not granted as a matter of course in every marriage dissolution/termination. However, it is given according to some conditions that the court deem fit to apply the alimony in Oklahoma. These factors include:
Duration of the Marriage:
Time of marriage is another determinant factor which, when taken into consideration, affects the payment of alimony. Therefore, marriages that have lasted long are the most likely to attract awards of alimony since the parties have become used to relying on each other financially.
Earning Capacity:
Moreover, the court examines the ability of the spouses to earn an income and, where able, the potential of earning income in the future and each spouse’s income assets and liabilities. This will be in relation to such factors as the valuation of the property assets that are divided upon the time of the. Divorce and the financial standings of the two parties involved.
Financial Resources:
Most of those who wish to provide spousal support assess the quality of life of the two spouses during the marriage period. The role of the court is to guarantee that erasing the marriage never leaves either spouse in a position where they cannot sustain the standard of living that existed during marriage.
Standard of Living:
The standard of living that was maintained during the marriage is also considered a factor. Spousal support means that the court tries to ensure that both the approved spouses can lead as nearly a life as they were living during the marriage.
Contributions to the Marriage:
Non-financial payments such as household chores, child-rearing, and assistance with the spouse in his or her career or studies are also considered.
Physical and Emotional Condition:
Some factors considered include the health status of both individuals and, in particular, whether one or both partners need to have an attendant medical condition that leads to either having to quit their job or requiring additional care.
Fault in the Divorce:
Although Oklahoma may be considered to be one of the no-fault divorce states – this means that the grounds for the divorce do not have to be proven before the court, the conduct of both parties may significantly influence the alimony decisions, especially if one of the spouses was found to be at fault for adultery or other misconduct that negatively impacted the financial positions of the other spouse.
Types of Alimony in Oklahoma
Oklahoma law provides for several types of alimony, each serving a different purpose:
Temporary Alimony:
This type of alimony is given at the time of the divorce procedure with the intention of providing the necessary funds to meet the parties’ needs before the final decision in the lawsuit. It enables the spouse with lower income levels to provide for their basic needs after filing for divorce.
Rehabilitative Alimony:
Rehabilitative alimony is paid for the purpose of ensuring that the recipient will be able to fend for himself/herself. This is typically for a limited period so as to enable the spouse to attend training, education, or job search.
Permanent Alimony:
In some instances, a possibility of awarding permanent alimony may arise where parties have been married for many years and where one party cannot be expected to support themselves, given their age and health. However, permanent alimony can be suspended or granted based on the altering of some circumstances.
Lump-Sum Alimony:
Alimony payments may also be given as a gross amount, meaning in a one-time payment or several payments being made at once. This kind of alimony is usually ordered when the dresser’s spouse has large sums of property, or the receiving spouse requires cash immediately.
Modifying or Terminating Alimony
Alimony does not mean that you have to pay a certain amount of money for the rest of your life, some people may think, and the amount may also be altered. Either party may move for a modification of the order for alimony in Oklahoma; this can be done for a material change in circumstances, such as a change in employment status, income, or health. Also, alimony commonly does not last forever; it is paid to the recipient’s spouse until that spouse remarries or dies or until either party dies.
Conclusion
Alimony in Oklahoma also has a complex and diverse nature, which is one of the features of divorce legislation to prevent certain dependence after the divorce. Thus, if you are one of the spouses who might require alimony or, on the contrary, you may have to pay it to your ex-spouse, you should be familiar with the factors governing the determination of alimony.