How Spousal Support Can Affect Your Financial Stability After Divorce
Spousal support, also known as alimony, is a financial payment one spouse may be required to make to the other after a divorce. Its purpose is to help the lower-earning spouse adjust financially following the end of the marriage. In Oklahoma, courts consider many factors when deciding whether to award spousal support, how much to award, and for how long. These factors aim to balance fairness while recognizing the economic realities both parties face.
One important aspect of spousal support in Oklahoma is that certain types of income are excluded from consideration. For example, income from Special Monthly Compensation—payments made for service-connected disabilities or loss of use of limbs—is treated as the separate property of the service member and cannot be counted when deciding support awards. Okla. Stat. tit. 43 § 134(E); § 121(C)). This means a spouse cannot be forced to share those disability benefits as part of support alimony.
Understanding the Court’s Approach to Educational Needs and Earning Capacity
Oklahoma courts may also consider a spouse’s educational needs when determining support alimony. In some cases, a spouse may request support to complete or further their education to increase their earning potential. For example, one court found that if a spouse shows a clear plan for education, the costs involved, and the duration of study, support alimony may be awarded to help cover those expenses. Forristall v. Forristall, 1992 OK CIV APP 64, 831 P.2d 1017. This is particularly true if the other spouse has the ability to pay.
However, courts require evidence to support these claims. The spouse requesting alimony must demonstrate not only their need but also how the support will help them become financially independent. This includes showing the purpose of the requested funds, the amount necessary, and how long they will need support during this adjustment period.
When considering the amount of support, courts look at multiple factors such as the length of the marriage, the parties’ earning capacities, their living expenses, and the standard of living established during the marriage. Okla. Stat. tit. 43 § 134. If you are navigating these issues, consulting a knowledgeable Divorce attorney can help clarify your options.
Ability to Pay and the Burden of Proof in Support Alimony Cases
The ability of the paying spouse to actually afford support alimony is a critical factor in Oklahoma courts. The spouse requesting support has the burden to prove the other party’s ability to pay and that the amount requested is necessary for their needs. For instance, in Spann v. Spann, the court affirmed that need and ability to pay are controlling factors and that there is no fixed percentage for setting spousal support. 1992 OK CIV APP 150, 852 P.2d 826; Henley v. Henley, 1967 OK 115, 428 P.2d 258.
In cases where the paying spouse can no longer afford support, the court may reduce or deny alimony. A notable example is In re Marriage of Janitz, where the husband supported his wife for many years but later proved he lacked funds to continue, leading to the denial of further support alimony (2013 OK CIV APP 107, 315 P.3d 410).
Because spousal support can significantly affect finances, it is essential to have clear evidence of your financial needs and your spouse’s ability to pay. The right Tulsa attorney can guide you through gathering the necessary documentation and presenting your case effectively.
The Role of Temporary Orders and Long-Term Support Considerations
Temporary support orders often bridge the gap during divorce proceedings, but they don’t guarantee the same level of support after the divorce is final. In Lemons v. Lemons, the court reduced support alimony in the final order because the wife failed to prove she was entitled to the same amount she had received temporarily (2006 OK CIV APP 5, 128 P.3d 1113). This case highlights that temporary payments do not set a permanent standard.
Oklahoma courts evaluate alimony based on several factors, including:
- Demonstrated need during the post-divorce economic adjustment period
- The parties’ station in life and accustomed lifestyle
- Length of the marriage and ages of the spouses
- The earning capacity and physical condition of each party
- Time needed to transition financially after divorce
. Okla. Stat. tit. 43 § 134. These considerations ensure that alimony is fair and tailored to each situation rather than arbitrary.
Contact an Tulsa Attorney Today
Spousal support matters can be complex and emotionally charged, affecting your financial future and well-being. If you need legal help, call Wirth Law Office at (918) 879-1690. Their experienced team understands the nuances of Oklahoma alimony law and can help you navigate the process with clear advice and practical support. While every case is unique and outcomes cannot be guaranteed, having the right guidance can make a significant difference in protecting your rights and interests.
