When Both Spouses Work, Spousal Support Still Matters in Oklahoma
Many people assume that if both spouses have jobs, spousal support (also called alimony) is unlikely or unnecessary. However, Oklahoma law looks beyond just current employment status when deciding whether to award support alimony. Even if both spouses earn income, one spouse may still need assistance to maintain a reasonable standard of living or to adjust after the divorce. The court carefully examines factors such as earning capacity, length of marriage, educational needs, and the financial resources of each party to determine if support alimony is appropriate. Understanding how these factors apply can clarify whether spousal support is possible in your case.
For example, the court considers whether one spouse has a significantly lower income potential or needs time and funding to gain additional education or training to become self-supporting. This means that even working spouses may receive support alimony to help bridge gaps in income or education created during the marriage. This approach reflects a focus on fairness and the economic realities faced by both parties after divorce.
Support Alimony Can Reflect More Than Just Income
Spousal support in Oklahoma is not automatically denied just because both spouses work. The courts evaluate the recipient’s financial needs in the context of the marriage and the payer’s ability to pay. For instance, in Forristall v. Forristall, the wife was awarded support alimony to complete her education after the husband had completed medical school during the marriage. The court recognized that the wife’s educational advancement was a legitimate need and considered the husband’s financial ability to provide support alimony during this adjustment period. Okla. Stat. tit. 43 § 134.
Oklahoma courts also look at the length of the marriage and the lifestyle established while married. In Ford v. Ford, despite the wife receiving a significant property award, she was also granted monthly support alimony because her means and monthly expenses justified continued support, and the husband had sufficient income to pay. Okla. Stat. tit. 43 § 134; Ford v. Ford, 1988 OK 103, 766 P.2d 950. This shows that spousal support considers the big picture—not just who currently earns money.
If you are navigating issues around spousal support or child custody, consulting an Oklahoma City attorney can help clarify your rights and options. Likewise, if child custody concerns arise alongside support issues, experienced child custody attorneys can provide guidance tailored to your family’s needs.
Educational Needs and Future Earning Capacity Can Influence Support
Education and earning potential play a critical role in support alimony decisions. Courts may award support alimony to assist a spouse in obtaining further education or training necessary to become self-supporting. This is especially true when one spouse sacrificed career opportunities during the marriage or was unemployed for a period.
For instance, in the case of Mocnik v. Mocnik, the wife had a bachelor’s degree but was unemployed for nine years. She sought support alimony to pursue a doctorate in psychology, which would take years and significant investment. The court awarded substantial support alimony considering the length of the marriage, her financial needs, and her future earning capacity. Okla. Stat. tit. 43 § 134; Mocnik v. Mocnik, 1992 OK 99, 838 P.2d 500.
Oklahoma law also excludes certain types of income from support calculations. For example, any Special Monthly Compensation a service member receives for service-connected disability is treated as separate property and cannot be considered when awarding support alimony. Okla. Stat. tit. 43 § 134(E). This ensures that awards are based on fair and relevant financial information.
Ability To Pay and Need Are the Central Factors
Ultimately, the court balances the paying spouse’s ability to pay with the receiving spouse’s need. The court’s discretion is guided by evidence rather than fixed formulas. In Spann v. Spann, the court upheld a support alimony award even though the husband received separate property from personal injury and worker’s compensation. The wife’s need and the husband’s ability to pay were the key considerations. Okla. Stat. tit. 43 § 134; Spann v. Spann, 1992 OK CIV APP 150, 852 P.2d 826.
Notably, acceptance of support alimony does not waive a spouse’s right to equitable property division. The two are distinct legal concepts serving different purposes. For example, in Greer v. Greer, the court recognized that a spouse could still seek property division adjustments even after receiving support alimony. Greer v. Greer, 1991 OK 26, 807 P.2d 791.
Contact an Oklahoma City Attorney Today
If you are facing questions about spousal support while both spouses are working, the Divorce Law Office Of Oklahoma City can provide clear legal guidance tailored to your situation. Support alimony decisions involve many details, including your income, education, and the marriage’s financial history. Experienced legal help can reduce confusion and help you understand your rights and responsibilities. If you need legal help, call Divorce Law Office Of Oklahoma City at (405) 880-8222 to discuss your case and explore your options.