Alimony, also known as support alimony, may seem straightforward on paper but can be complex in practice. At Evan Taylor Law Office, we help clients navigate the intricacies of alimony to ensure fair and just outcomes.
Basis for Alimony
The right to alimony in Oklahoma is based on two primary factors:
- One spouse’s financial need reasonably based on the marriage.
- The other spouse’s ability to pay.
While the length of the marriage is a factor in determining alimony, it is not the sole criterion. Numerous other factors are considered to ensure a fair decision.
Factors Affecting Alimony
Alimony is designed to help the financially dependent spouse readjust to life after marriage and become self-supporting. Several factors can influence the awarding of alimony:
- Length of the marriage
- Financial needs and resources of both spouses
- Standard of living established during the marriage
- Time needed for the recipient spouse to gain education or training for employment
Short Marriage Example
Even in short marriages, alimony may be awarded. For instance, if one spouse moves to Oklahoma from out-of-state to get married and gives up a job and family support, they may be entitled to alimony after a divorce to help readjust and secure employment.
Battle of Budgets
Determining alimony often involves a “battle of budgets.” The spouse requesting alimony submits a budget showing their financial needs and a budget demonstrating the other spouse’s ability to pay. The other spouse may then submit their own budget to counter these claims. This process helps the court understand each party’s financial situation and make an informed decision.
No-Fault Divorce and Alimony
It’s important to note that in Oklahoma, fault is not a factor in awarding alimony. The judge is prohibited from considering whose fault it is that the marriage has ended. The focus remains solely on the financial needs and abilities of the spouses.
Modifying Alimony
Alimony can be modified if there is a material change in circumstances, such as a substantial increase or decrease in either spouse’s income or changes in financial needs. This ensures that alimony remains fair and reflective of the current situation.
Contact Us for Assistance
At Evan Taylor Law Office, we are committed to helping you understand and navigate the complexities of alimony. Whether you are seeking alimony or need to respond to a request for support, our experienced family law attorneys are here to advocate for your rights. Contact us today to schedule a consultation and ensure your financial future is secure.