When individuals in the state of Oklahoma go through a divorce, there are a number of confusing elements. For many individuals, alimony or spousal support is one of the most misunderstood and complicated parts of the divorce process. Alimony refers to a payment made by one former spouse to the other spouse so that the recipient spouse can more smoothly adapt to life after the marriage. There are many rumors that persist in the state of Oklahoma, however, about alimony and as a result individuals can benefit from learning some of the essential information about alimony.
Important Facts to Remember about Alimony
There are some important facts about alimony that individuals should remember, which include the following elements:
- Alimony Can Be Modified. Either former spouse can apply for the modification of the court issued alimony order at almost any point. In order to obtain a modification of an alimony order, however, an individual must demonstrate that circumstances have changed since the alimony order was awarded.
- Alimony Is Not Guaranteed. Alimony is not a mandatory part of divorce proceedings. Courts in Oklahoma have the ability to deny the payment of alimony altogether. For example, in some cases where both couples have roughly the same earning potential, Oklahoma courts will decide that alimony should not be awarded.
- Both Men and Women Are Entitled to Alimony. In the past, women were more likely to have lower earning potential than men and as a result were more likely to receive alimony. In today’s current climate, there are many situations in which a woman has a greater earning potential than her husband which can result in a court awarded alimony to the husband if deemed appropriate.
- Determining Alimony Is A Complicated Process. It is very difficult to determine the exact amount of alimony that will be ordered. Courts that determine alimony will analyze a variety of factors including both spouse’s: age, child custody, contribution towards education, debt, the duration of the marriage, employment status, future earning capacity, health, standard of living during the marriage, and various other factors. Weighing these factors involves the careful analysis of an individual who is very experienced in cases of divorce and separation.
- Individuals Can Not Avoid Alimony Payments by Quitting Their Job. If an individual quits their job in order to avoid paying spousal support, a court in Oklahoma will likely still consider the individual’s earning capacity from the previous position. This consideration is performed because courts want to avoid unfair treatment of spouses.
- The Length of Alimony Is Never Certain. Even in cases where a couple has been married for a significant period of time, the length of alimony is not certain. Permanent alimony is certainly a possibility but represents just one option for courts. In some cases, alimony will be paid for a pre-established number of months or years.
How a Seasoned Oklahoma Family Law Attorney Can Help
If you are involved in a divorce, Oklahoma attorney Jim Lyon understands the various issues that can come into play and will work passionately to make sure that you receive the compensation that you deserve. Do not hesitate to contact attorney Jim A. Lyon today in order to find help with your divorce or alimony case.