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Oklahoma Family Law

Property Division

In Oklahoma, during your divorce the court must identify, value and divide your marital property. This is generally the property that you and your spouse acquired during marriage. The court must also identify and exclude your separate property. This is generally property you acquired before marriage, after separation or during marriage by gift or inheritance. This property is not divided by the court.

How does the Court divide my property?

Oklahoma law requires that the court divide a couple’s property “fairly and equitably”. That does not necessarily mean 50/50, 60/40 or any set ratio. The judge is required to look at every situation and decide based on the particular facts. This is why it is so important that if you have a contested case that all the information be available for the judge to make this decision.

Frequently Asked Questions

Frequently Asked Questions

If you and your spouse own your own home, have employment based-retirement accounts, own a family business or have property of any value together, you should be interested in how the court will divide your property during your divorce.

How does the judge divide my property in a divorce?

However the judges wants to. The judge is supposed to divide your marital property “fairly and equitably” according to Oklahoma law. Although, the law does not say the judge has to do it equally, but most judges split the property 50/50.

Will I have to sell my house in the divorce?

Not necessarily. This can be a very case specific question. There are many ways to handle division of a house in a divorce, and it depends on the particular circumstances of your case. Talk to a lawyer about it if you want to know the answer in your situation.

Will the judge divide my retirement if we have not been married for 10 years in my divorce?

Maybe. There is no rule that prevents a judge from dividing a retirement based on the length of the marriage. Whether you are married two weeks or 30 years, the judge can divide any property that you acquired during your marriage. There are some federal laws that relate to some government retirement accounts that prevent direct payments from the retirement administrator to the ex-spouse if the marriage is shorter than 10 years, but this does not affect the ability of the judge to divide the retirement account.

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