Alimony/Spousal Support

The test for whether spousal support is awarded is if one party can demonstrate a need for support and the other (paying) spouse has the financial ability to pay. This simple test can be both frustrating and fantastic. It is frustrating because there is no formula, but it is great because it gives judges the ability to see what is needed and make it happen.

Spousal support in Oklahoma is to be transitional. If you've read any articles that a wife should get 1 year of alimony for every 3 years of marriage, please know that is not true in Oklahoma. The goal of alimony/spousal support is to allow time to transition into being financially self-sufficient for the spouse in need of alimony.

Many decrees, some that even get signed by a judge, award alimony by stating, "$500 per month of almiony to Petitioner". This is illegal in Oklahoma. An award of alimony in Oklahoma must either 1) state the total amount of alimony awarded and divide it monthly, or 2) state the monthly amount and the number of months to be paid. If you take a Decree to court that says an amount per month with no end in sight, you will have to fix the Decree and come back again. Make sure it's right and you won't waste your time or the Court's time.

Example:

If you move out (or in reality before you move out) and you look at your budget and see you need $500 more per month to pay all of your bills, you have a need for alimony. Let's say your spouse makes $6,300 per month after taxes and has bills that total $5,300. This means your spouse has $1,000 extra and a court is likely to say your spouse has the ability to pay you $500 per month in alimony.

As said before, this isn't going to last forever. You should come up with a plan to either cut your budget by $500 per month or to start earning at least $500 more per month. If you want to get an associates in nursing, you could ask for $500 per month for 24 months so that when the alimony ends, you are now earning a higher income as a nurse. This plan allowed you to transition from a single income that wasn't enough to a higher income as a nurse and now you can pay all of your bills and probably more.

Grounds for Divorce in Oklahoma

In Oklahoma, you can file for divorce on the grounds of irreconcilable differences or incompatibility, which means that the marriage has broken down to the point that reconciliation is impossible. As a no-fault state, Oklahoma does not require the spouse who is filing to prove fault or misconduct.

The grounds for divorce must be clearly stated in the Petition. No-fault grounds like irreconcilable differences are used in 99% of divorces. Other grounds are available but will likely make the process more difficult. Judges know that every couple has at least one reason the marriage is ending or the couple would not be in divorce court. Judges don't want dig through all of the 'dirty laundry' of the parties, but focus on issues: division of support alimony, real property, personal property, and debts.

Adultery is generally only relevant if it affects other aspects of the divorce, such as finances like money spent on an affair that reduces the marital estate. If your spouse has used $25,000 on trips in an affair, then the court will want to know about the affair and the money spent because that is no longer available to be divided.