Oklahoma City Spousal Support Lawyer

Spousal support, also known as alimony, is designed to provide a lower-earning spouse with a financial bridge to independence following the dissolution of their marriage. If you’re interested in receiving spousal support or concerned about how much alimony you might be required to pay, you can consult an Oklahoma City spousal support lawyer for help.

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The team here at Bundy is comprised of prestigious family law attorneys in Oklahoma City, including the only International Academy of Family Lawyers-accredited attorney in Oklahoma. Our experienced team is easily qualified to handle your spousal support case. We have a clear understanding of spousal support laws and how they apply in different situations, and we can help you understand your position and work to achieve a positive outcome in your case.

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Why Hire a Spousal Support Lawyer?

In 2023, Oklahoma had a crude divorce rate of 3.3, one of the highest in the country. Given that the average household income in Oklahoma City was $66,702 in the same year, alimony can be a contentious issue. In affluent neighborhoods like Nichols Hills, where home values routinely approach $1 million, the issue of spousal support can take on new dimensions.

Whether you’re living on a relatively small fixed income and you’re worried about making alimony payments after your divorce, or you’ve quit your job to raise children or take care of the household and know you’ll need financial help getting back on your feet, you can hire a spousal support lawyer to help. Your lawyer can help with everything from filing paperwork to collecting evidence to support your case and representing you in court should it go to trial.

Types of Spousal Support in Oklahoma City

There are three types of spousal support that can be awarded during a divorce in Oklahoma City. They are:

1. Temporary support. The judge can issue a temporary alimony order to make sure that the lower-earning spouse receives support until the judge issues a permanent order.
2. Rehabilitative support. The most common type of alimony is known as rehabilitative support. This temporary form of spousal support lasts only a specific period, giving the lower-earning spouse a chance to get back on their feet financially.
3. Permanent support. It’s rare for divorcing spouses to be awarded permanent alimony in today’s world. This scenario is most likely if the person is old, disabled, or otherwise unable to be financially self-sufficient.

Who Gets Spousal Support?

In Oklahoma, it’s at the judge’s discretion to decide who is eligible for spousal support. The judge will consider several factors in making their decision. They include:

• The duration of the marriage
• One spouse’s actual, proven need
• The other spouse’s ability to pay
• Whether there are minor children requiring stay-at-home parenting
• Each spouse’s future earning prospects
• Each spouse’s age and health
• The standard of living established during the marriage
• Each spouse’s monetary and non-monetary contributions to the marriage
• The marital property and how it has been divided between the spouses

You’ll note that there is no mention of gender in Oklahoma’s alimony standards. That’s because judges are not allowed to consider gender when determining who should receive alimony payments. Both husbands and wives are eligible for spousal support if they have a financial need.

Length of Time for Alimony Awards

Both temporary and long-term alimony awards are typically ordered for set periods of time. If no termination date is specified in the divorce agreement, the payments will continue until a further court order alters the situation.

In recent years, there has been an increase in the ordering of rehabilitative alimony vs. permanent alimony. This form of support only continues for as long as it’s necessary, giving the receiving spouse time to undergo training that will allow them to become self-supporting. 

Spousal support can end when the paying spouse dies, although the court may order support to be paid from life insurance proceeds or the payer’s estate. It can also end if the receiving spouse remarries or, in some cases, begins to cohabitate with a partner. In Oklahoma, cohabitation with an unmarried partner isn’t automatic grounds for terminating spousal support, but it could lead to payments being decreased or stopped altogether.

Maintaining Your Lifestyle Following a Divorce

Part of the purpose of spousal support payments is to allow the spouse who earned less during the marriage e to maintain a comparable standard of living following their divorce. You can make sure you’ll be able to maintain your lifestyle by:

• Writing down your costs. Keeping good records of the standard of living during the marriage and what it costs to maintain it is a great place to start, as it will give you valuable evidence to use in support of your request for alimony.
• Negotiate a fair deal. You can work with your Oklahoma City spousal support attorney to negotiate a fair deal that will match your monetary needs.
• Plan for the future. You’ll need to consider your long-term monetary needs in addition to your current spending. Spousal support can help to meet those needs.

Taking these steps can help you make sure that you’ll be provided with fair alimony payments following your divorce that will help you maintain the lifestyle to which you became accustomed in your marriage.

Modifying Spousal Support Orders

Alimony orders tend to stay the same from year to year. They do not have cost-of-living increases, and even if the paying ex-spouse has a significant increase in taxable income, the former spouse is unlikely to benefit from it as a child would. The only time that alimony payments change is when a court orders the modification.

You can request a modification of your spousal support order in Oklahoma City if you’ve had a substantial change in circumstances, such as the loss of a job or the development of a temporary or permanent disability. If you can no longer afford to pay the amount of alimony originally agreed upon, the court may reduce your alimony payments. You’ll be required to provide proof of your new inability to meet your spousal support obligations. Reach out to an Oklahoma City modification lawyer for help.

Enforcing Support Orders

Spousal support enforcement is unlike child support enforcement, which can involve wage garnishment, liens, or even an arrest. The court can order that alimony be paid and can thus hold anyone who fails to uphold the order guilty of contempt of court. However, that is the extent of the enforcement of support orders.

Tax Implications of Spousal Support

The tax implications of spousal support include some tax savings to the spouse making payments. The receiving spouse does not have to claim the payments as taxable income on their state or federal taxes. This applies only to orders that were entered after January 1, 2019, when the federal government significantly changed its spousal support taxation laws.

FAQs

What Disqualifies You From Alimony in Oklahoma?

There are several things that could disqualify you from alimony in Oklahoma. You could be denied spousal support if you remarry or cohabitate with a new partner, or if you become financially self-sufficient. However, the most significant disqualification is a failure to prove the need for spousal support, to begin with, especially given that pre-existing conditions unrelated to the marriage can limit eligibility. An Oklahoma City spousal support attorney can help.

How Much Is the Average Alimony Payment in Oklahoma?

There is no average alimony payment in Oklahoma. Every situation is different. Alimony payments are determined based on each spouse’s income, assets, and earning potential, along with the length of the marriage. As a general rule, spousal support is intended as rehabilitative support rather than as an ongoing source of income for the eligible spouse.

What Is the Hardest State to Get Alimony in?

There’s no one state that’s hardest to get alimony in, although some states make it more difficult than others. In Texas, for example, you need to prove conditions such as a long marriage and an inability to meet basic needs to be eligible for any amount of alimony. By comparison, Oklahoma makes it relatively easy to qualify for alimony payments.

Is There a Cap on Alimony in Oklahoma?

There is no set cap on alimony in Oklahoma because the state does not use a strict formula to determine spousal support. Judges make decisions about how much alimony is necessary by considering factors such as the length of the marriage and the lifestyle established within it, each spouse’s age, health, and earning capacity, and need. Longer marriages usually merit longer-term alimony payments, and higher earners often pay more.

Your Oklahoma City, OK Spousal Support Lawyer

Whether you’re concerned that you won’t be awarded sufficient spousal support upon your divorce or want to avoid excessive alimony payments, you can work with an Oklahoma City spousal support lawyer to achieve your goals.

The team here at Bundy has been practicing family law for years. We can help you resolve your spousal support dispute through mediation or litigation. Contact us to schedule an initial consultation today. Once you engage our experienced legal team, we can help you find a winning solution.