Will I Have to Pay Alimony or Spousal Support?

Whether you or your spouse is seeking a divorce, it’s a difficult time. There’s so much to consider, including if you’ll have to pay spousal support.

Alimony or spousal support is financial support for a spouse in need. The purpose of alimony payments is for a spouse to maintain their standard of living during the divorce process.  Spousal support may occur during the divorce, after the divorce or during a legal separation.

The influencing factors of your situation will determine if you will pay, how much you will pay and how long you will pay alimony. Here’s a guide to paying alimony in Oklahoma.

When Is Alimony Determined in the Divorce Process?

During a divorce, a couple must make decisions regarding property division, child support, child custody and support alimony. When spouses can’t agree on the terms, a judge makes the final decision. Once these terms are decided, they are included in the final divorce agreement.

Calculating Alimony Payments

There isn’t a set formula for calculating alimony in Oklahoma. Typically, the spouse with the higher income pays alimony to the lower-earning spouse. There are crucial factors in determining if a party should pay alimony and how much it should be, such as the recipient’s need for support and the obligor’s ability to pay. Gender is not a deciding factor for support alimony.

The length of time to pay alimony varies, however under Oklahoma law, alimony payments cannot be perpetual.  Your divorce decree must state a total aggregate amount for alimony and a payment structure.

Influencing Factors for Spousal Support

There are a variety of factors that can influence whether you will be paying alimony. The length of your marriage, physical and mental health, and financial assets are all deciding factors.

Some points a judge may consider when determining alimony payments include:

• Length of marriage
• The couple’s ages
• Each spouse’s earning capacity
• Each spouse’s educational background and employability
• Financial means
• Standard of living during the marriage
• Mental and physical condition
• The value of liquid or income-producing assets awarded to the parties in the divorce
• Length of time needed before a spouse can support themselves

Importantly, a request for support alimony must be tied to a need that has a relationship to the marriage, meaning the need is one that came about because of the marriage or was exacerbated by the marriage. For example, a wife who stopped working during the marriage to be a stay-at-home mother by agreement of the parties will require alimony that is tied to the marital relationship. A party, who, for example, entered the marriage with a disability or illness that impacted their ability to earn a living on their own, will not make that party an alimony candidate because the need is not tied to the marriage.

Equally important is understanding that a court will consider the parties’ standard of living during the marriage as a factor in determining the amount of support alimony. A party claiming support alimony MUST show proof to the court that their monetary requests are needed to cushion the economic impact of transition and readjustment to gainful employment. Support alimony in Oklahoma, therefore, is based on demonstrated need. As such, it is important, when going through a divorce, to provide your attorney with studious records and accurate information regarding your monthly living expenses.

Hire the Best Oklahoma Divorce Lawyer

Going through a divorce is a traumatic time. There are so many influencing factors and decisions to make, including whether you will have to pay alimony.

We know divorce is one of the most difficult times anyone can face.  With so much at stake, you need an experienced divorce attorney by your side to achieve the best possible outcome for you.

Contact us today to request a confidential consultation.