Alimony can be one of the most contentious issues between two couples. If you’re wondering whether a judge will award alimony and how much it will be, an Oklahoma City divorce lawyer can give you specific advice for your unique situation. Generally speaking, however, there are a few factors that a judge will typically consider.
From an Oklahoma City Divorce Lawyer: Determining Alimony in an Oklahoma City Divorce
Understanding Oklahoma Alimony
It’s important to understand that the courts in Oklahoma do not consider alimony an automatic right. The purpose is to fix any financial disparity that exists between the two spouses, not just at the moment, but ongoing.
There are two kinds of spousal support available in Oklahoma. The first is spousal maintenance, and this is a short-term payment that is made by one spouse to the other only as long as the divorce is ongoing. Once the final divorce decree is made, the other type of support is actual alimony. Alimony is property or money that is awarded in the final divorce decree and must be paid for the length of time specified in the divorce.
Factors the Court Considers
Length of the Marriage
The longer a marriage has gone on, the more likely there is to be alimony. This will be especially true if one of the parties sacrificed a career or never learned job skills because they were maintaining a home, raising children, or otherwise supporting a spouse in their career.
The length of the marriage also goes to how both spouses have become accustomed to living. The court will try to avoid a situation where one spouse, who has been accustomed to a certain standard of living for many years, is suddenly thrown into poverty by a divorce. That said, it is common for both parties to have to tighten their belts at least a bit after a divorce, simply because it can be cheaper for two people to live together than to live separately.
Financial Situation of Both Parties
The next question is how each party is financially situated. If one spouse has a great job and the other has none or a poor job, the spouse with the good job may be required to pay alimony for a while until the other spouse can find a job or can train to a higher paying one. Other factors that affect the financial situation of the parties are who keeps the family home, if there is one; how other assets are divided; and whether either party has access to personal wealth that is not shared marital property, such as a family inheritance.
There are other factors that will be involved, and you can learn more here about what to expect for your specific situation by contacting an experienced attorney.
Whatever your situation is, whether you are in need of alimony or need to fight back against unfair demands on your income, it’s important to have a qualified family law attorney on your side to help you protect yourself and make the best case to the court.
