If you are going through a divorce in Oklahoma, you may hear the word “alimony.” Alimony is money that one spouse may pay to the other after the divorce is final. It is not about punishing one person or making the other person rich. Instead, alimony helps the spouse who needs financial support for a while, especially if they made sacrifices during the marriage.
In this blog post, we’ll explain how alimony works in Oklahoma, what courts look at when deciding whether to award it, and what you can expect if you are asking for alimony or objecting to paying it.
Alimony is sometimes called “spousal support.” It’s a payment from one spouse to the other to help them adjust to life after divorce. The goal of alimony is to:
It’s not meant to be forever. In Oklahoma, most alimony is temporary and lasts only as long as needed to help the lower-earning spouse get education, training, or a job.
Judges in Oklahoma look at two big questions:
To answer these questions, the court looks at many factors, including:
Longer marriages (10 years or more) often result in higher alimony because the spouses’ lives are more connected. For very long marriages (20 years or more), it can take even longer for one spouse to adjust to life alone.
If one spouse earns a lot more money or has a good job, and the other spouse does not, the court may award alimony to balance things out.
Did one spouse stay home to raise the kids or help the other spouse build a career? If so, the court considers this when deciding alimony.
A younger, healthy spouse might need less time to become self-supporting compared to an older spouse or someone with health problems.
Alimony can help the spouse with lower income adjust to a lifestyle that is closer to what they had during the marriage.
Alimony in Oklahoma is usually temporary. It lasts as long as the court thinks is fair for the spouse to become financially independent. For example:
Alimony can also change or end if something big happens, like:
In Oklahoma, it generally does not matter if the requesting party had an affair when the court decides on alimony. Oklahoma is a no-fault divorce state, which means that the court does not consider blame or bad behavior (such as infidelity) when determining alimony awards. However, while infidelity typically does not impact alimony awards, there are some rare situations where the court might consider bad behavior, such as an affair:
•Dissipation of Marital Assets: If the requesting spouse spent large amounts of money from the marital estate on an affair (such as gifts, trips, or hotels), the court may consider this in the divorce process. The paying spouse could argue that these funds should reduce the need for alimony.
•Impact on Financial Need: If the affair directly impacted the requesting spouse’s ability to earn a living (for example, if they left a job due to the affair or the situation caused significant financial changes), the court might consider this when evaluating alimony.
•Time Spent on Affair: One consideration that is often overlooked is the amount of time spent invested in the affair as opposed to invested in earning income. Many affairs require significant amounts of time away from the spouse or family; overnights leaving the non-cheating spouse home with kids; time away at non-existent jobs; or time at bars as opposed to time alleviating the need for alimony. This is a consideration that can be argued on either side of the issue.
In Oklahoma, no. Oklahoma is a no-fault divorce state, which means the court does not look at who caused the divorce (like infidelity) when deciding alimony.
Instead, the court focuses on money and need—not blame or bad behavior.
Sometimes people wonder if the court will consider what the lower-earning spouse earned before the marriage. The answer is: maybe, but it depends on the situation.
The court will look at:
If the marriage didn’t affect a spouse’s earning ability, the court may decide the need for alimony is less.
If you are asking for alimony, here’s what you need to do:
Create a budget that shows your living expenses and what you need to survive after the divorce. Be honest and realistic.
Tell the court what you need to become self-supporting, such as:
Bring evidence, like your income, job history, and expenses. You’ll need to show the court why you need support and for how long.
If you are the spouse who may have to pay alimony, you can:
Show evidence that the other spouse does not truly need alimony or can become self-supporting quickly. Is the other spouse making an effort to alleviate the need?
If you can’t afford to pay alimony, show the court your income, living expenses, and debts. Be real about what you can or can’t do.
Remember, alimony is not meant to punish you. It’s about helping the other spouse transition. Judges look for fairness, not unfair burdens.
At the end of the day, alimony is not about winners or losers. It’s about helping both spouses move forward after the marriage ends.
If you’re the spouse asking for alimony, be ready to prove your need and show how the marriage changed your finances. If you’re the spouse objecting, focus on fairness and show what you can reasonably pay.
If you need help understanding alimony and preparing for court, our team at The Smith Firm is here for you. We will fight for fairness and help you get the best possible outcome.
Contact us today to schedule a consultation and learn how we can help you.