Divorce Alimony in Oklahoma

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Oklahoma state has its own set of laws and rights for conducting the legal processes like divorce. All matters such as, child custody, property or debt distribution, spousal support etc, are some of the common issues found in almost every case. A specific law and rights are defined for each of these issues. Similarly, specific laws are also drawn for alimony settlement as well. The alimony or spousal support are two interchangeable terms used in this state. The only purpose of such support is that one partner is meant to provide financial support during the proceedings or even after permanent separation between the divorcing spouses. Whether the alimony support is for definite or indefinite period of time, it completely depends upon the condition lies with the recipient and the payer. The final decision for settling appropriate alimony amount is only taken after considering some essential conditions. The ability of the spouse who is supposed to do the payment is one of the crucial points considered before granting this support. On the other hand,the basic requirements of the recipient in terms of maintaining the same standard of living as before is another important aspect of overall proceedings. During the legal proceedings associated with divorce alimony in Oklahoma, the alimony is usually granted for an year for every three years of the marriage. Therefore, one is to three ration is followed while finalizing the duration of the alimony support in this state. It should be noted that the court may also bring any adequate modification regarding the alimony support as per the changed circumstances between the divorced parties.

Sections 43-121 and 43-210 of Divorce Alimony in Oklahoma

  • If a wife abandons a husband, the husband is not responsible to offer her spousal support unless she decides to return, except when the wife can justify that the husband's misconduct has made her abandon him.
  • If a wife is living separate from her husband by agreement, such a husband is not legally responsible to offer her alimony, except when the agreement mentions that spousal support should be disbursed.
  • If the court considers the circumstances and alimony is reasonable in such case, it may order either spouse to disburse spousal support to the other through real or personal property.
  • The court may issue orders that the alimony payments can be made as installments or in gross amount as appears fair and equitable to the court.
  • Whether the payment is made in the form of money or check, it is finally decided by the court itself.

Types of Divorce Alimony

In Oklahoma, various types of divorce alimony defined and it is ordered as per the requirement of the needy spouse and capability of the payer. Some of the common alimony types are:

Lump Sum Alimony

  • This is a predetermined amount of money.
  • It is not mandatory that this amount has to be paid in one go.
  • This alimony can be divided into payments that are spread over a period of time.

Permanent Alimony

  • This payment has to be done for an indefinite time till the remarriage of the recipient or demise of either spouse is not taken place. Such alimony is granted in the case where the recipient either of old age or suffered from some incurable disease.

Rehabilitative Alimony

  • These payments are done with an objective that the recipient should undergo a job training for a higher earning potential to become self supported in life.
  • This alimony is usually paid for a definite period of time.

Temporary Alimony

  • These payments are done till the divorce decree has been granted.

Section 43 134 of Oklahoma Alimony

This particular section is mainly focused on special conditions on the basis of which, alimony can be modified.

  • If the recipient remarries or dies, this leads to termination of all unpaid alimony obligations.
  • If an ex spouse voluntarily cohabits with a person of opposite sex, this may lead to modification of the provisions of alimony.
  • Let us assume that one of the ex spouses has passed a motion in which it is alleged that voluntary cohabitation has taken place and hence the alimony may be modified. In these circumstances, the court will have jurisdiction to alter future alimony payments only if the party furnishes evidence of considerable alteration in circumstances of either partner.

The divorce alimony in Oklahoma is mainly settled as per the laws and the rights of this state. This particular support can also be terminated in specific conditions such as, demise of the payer or remarriage of the recipient. Overall, the payment procedure is followed in accordance of the court orders.

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