Spousal Maintenance

If you are part of a divorce proceeding in Oklahoma City, knowing what spousal maintenance is, and whether or not it may be a part of your divorce settlement, is key. Also referred to as alimony or spousal support, maintenance is a court order for one spouse to make payments, either lump-sum or recurring, to the other for a set amount of time. These payments are designed to help the receiving spouse transition into their new life and support and care for themselves.

While spousal maintenance orders are not a part of all divorce settlements, they are common. At the Owens Law Office, PC our experienced divorce and maintenance attorneys can help you to understand when courts award maintenance, and how much you may be ordered to pay or entitled to receive.

Types of Alimony in Oklahoma City

There are three primary types of alimony that a court may order in Oklahoma: temporary, short-term, and long-term or permanent.

• Temporary alimony. When alimony is temporary, it only exists and is mandated during the court proceedings involving divorce up until the point that a final divorce decree is issued. In some cases, when the court finds it appropriate to do so, the order may be transitioned into a type of alimony that extends after a divorce judgment.
• Short-term alimony. Short-term alimony, also referred to as rehabilitative alimony in some cases, is an alimony award that only lasts for a short duration of time. It is designed to help a spouse transition from the marriage into their new life, providing them with support for enough time to acquire a job and income, or the relevant skills and training to do so.
• Long-term/permanent alimony. Long-term, or permanent, alimony is granted to those spouses in a marriage who have more significant needs and are unlikely to be able to obtain an income or the relevant training or education to do so. Long-term alimony is much more common in cases involving older adults, as well as marriages that have lasted for multiple decades. If an award is permanent, it will terminate when the receiving-spouse remarries, or when either spouse dies.

How a Court Makes a Determination About Alimony

The majority of other states turn to statute for guidance regarding when alimony should be set, and what factors should be considered in determining whether to award a spousal maintenance order, and if so, for how much. This is not the case in Oklahoma; instead, the courts will consider the general circumstances of the parties, each spouse’s ability to support themselves, and the length of the marriage. Fault and marital misconduct are not considered in Oklahoma. If you are involved in a divorce and think that an alimony award may be part of your final judgment, you should hire an attorney immediately. An attorney can help to make your case to the court in order to secure a maintenance order that is fair and just, whether you may be ordered to pay spousal support or receive it.

Modifying Spousal Maintenance

The laws regarding alimony can be found in Oklahoma Code section 43-134. This statute addresses the modification of a support order, holding that in order for modification to be awarded, the party seeking modification must provide proof of a significant change in circumstances relating to the need for support or ability to support. For example, if the maintenance-providing party lost their job and was unable to secure a new one at the same income level, modification of an award may be appropriate.

Working with an Experienced Oklahoma City Spousal Maintenance Attorney

Getting a divorce is tough, and throughout the process, there will be a number of things that you may encounter that raise questions about what you should do and what the outcome of your divorce will be. Alimony is just one of them, and whether you are the maintenance-receiving spouse or the paying spouse, there is no doubt that an alimony award will affect your economic health and financial future.

At the Owens Law Offices, PC, our Oklahoma City attorneys have the skill set and knowledge necessary to build your case and advocate for your best interests. In addition to representing you during a court’s decision regarding spousal support, we can provide competent legal support throughout the entirety of the divorce process. For a free consultation with our legal team, please call us today or send us a brief email describing your case using the contact form on on our website.