At that time when divorce is inevitable, so much is at stake. Emotions run high and each of the partners has to face life in totally different circumstances, including their financial situation. According to a Forbes article, many women still find themselves in marriages where they are not the breadwinners.
It can be quite devastating for a woman in a marriage where she does not bring in an income to face divorce. She may discover that she cannot afford the quality of life she enjoyed with her husband. The financial struggles she may face after the termination of her marriage can make divorce a lot more painful to consider.
Fortunately, Oklahoma statutes provide guidelines that ensure both spouses continue to enjoy the same standards of living as they experienced during the marriage. Oklahoma alimony or spousal support is awarded based on the evidence presented during a trial and at the discretion of a judge, who takes into account the guidelines in the statutes.
Courts generally award alimony based on a need for it and the other partner’s ability to pay. The court also considers a recipient’s usual standard of living and the property shared between the divorcing couple. If one spouse gets enough property that he or she can maintain a familiar standard of living, a court may not grant Oklahoma alimony.
Additional Factors
Courts may also consider the following:
- The child support obligations of the paying spouse. If child support is substantial and affects a partner’s ability to pay alimony, the alimony award will be reduced or even eliminated.
- A recipient spouse’s need to be available for childcare weighs heavily in favor of him or her receiving Oklahoma alimony.
- Remarriage will likely end alimony payments, unless there is a need for continued payments to assure the equitable distribution of assets.
Types of Oklahoma Alimony
- Courts may order alimony during divorce proceedings. Such alimony is referred to as spousal maintenance and is terminated after the divorce decree is issued.
- A court can order alimony when the divorce decree is issued. Such alimony can be paid from the property or as a lump sum cash deposit. The alimony paid from real or personal estate considers the value of the assets at the time of the divorce. It can be paid in installments over a period as well.
Calculating the Amount of Alimony
Courts in Oklahoma do not follow set guidelines when determining alimony. They consider circumstances, need, and ability to pay while paying some attention to guidelines in the statutes.
To get the most favorable outcome in an Oklahoma City alimony determination, you need an experienced alimony attorney at your side looking out for your interests. Presentation of facts and arguments in an alimony case can significantly sway the outcome.
Remember that after the alimony determination, enforcing payment may be necessary. An experienced Oklahoma alimony attorney can use one of several options to pursue collections should an ex default.
When you are the one paying alimony, your circumstances may change or your ex may have remarried. An attorney will walk with you through your situation to ensure you get the best outcome.
Lawyers’ fees can be awarded to either side in some instances after a divorce decree has been issued. Attorneys’ fees in an alimony case in Oklahoma City are awarded based on the ability to pay and equity.
Low-cost Consultation: Oklahoma City Divorce Attorney
When so much is at stake, it’s seldom best to rely on one’s wits or the experiences of others to get the most favorable outcome. The knowledge and expertise of a skilled alimony attorney will provide the confidence you need to move forward.
We offer initial consultations at no cost. Discover how our family law experts can help you through a difficult time. For a initial consultation with an experienced Oklahoma City divorce attorney, call 405-880-8222 today.
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