_MICHELLE K. SMITH
Attorney at Law, PLLC
1211 N Shartel, Suite 1005
Oklahoma City, Oklahoma 73103
(405) 759-2333
Attorney at Law, PLLC
1211 N Shartel, Suite 1005
Oklahoma City, Oklahoma 73103
(405) 759-2333
Alimony FAQ
FREQUENTLY ASKED OKLAHOMA ALIMONY QUESTIONS
Below are answers to questions frequently asked by men and women about alimony in Oklahoma. Please remember the answers and the information contained on this web site are based on general facts and might not apply to specific factual situations. In addition, this information is based on Oklahoma law. The laws of other states may differ substantially. The information contained on this web site is not meant to be specific legal advice. Always consult a lawyer to apply the law to your specific facts and state.
1. Will I have to pay alimony or will I receive alimony?
Maybe. Under Oklahoma law support alimony may be awarded in appropriate cases. The purpose of support alimony is to provide a cushion to allow the spouse with the lesser earning capacity time to transition to single life and/or to gain employment. The purpose of support alimony is not to punish the other person. Whether support alimony will be awarded depends on two factors. The first factor is whether one spouse has a need for support alimony. The second factor is whether the other spouse has the ability to pay support alimony. The answer to both questions must be yes for support alimony to be awarded.
2. Will I receive support alimony forever or will I have to pay support alimony forever?
No, unless both parties agree to it. In the past permanent support alimony could be ordered by the judge. In recent years the laws have changed and now any support alimony ordered by the judge must be for a specific total amount. This is also known as a sum certain amount. Even though a judge cannot order permanent support alimony, if the divorce is done by agreement, also known as a consent decree, the parties can agree to permanent support alimony and they will be legally bound by that agreement.
3. How much alimony will I get or how much alimony will I have to pay?
Unlike child support, there is no formula for support alimony. There are many factors a judge can consider but it is up to the judge to decide how important each factor is when deciding how much alimony to award. A few of the many factors the judge may consider include:
4. Can alimony be modified after it is awarded?
Yes. Under Oklahoma law support alimony can be terminated if the person receiving alimony gets married or begins living with a romantic partner. Support alimony may also be terminated or modified if there has been a significant change in the need and/or earning ability of either person. For example if the person ordered to pay support alimony later suffers an injury making it impossible to work.
5. Is support alimony considered income for tax purposes?
At the present time the person receiving support alimony must report it as taxable ordinary income and the person paying support alimony can take a tax deduction.
6. Should I have an attorney if alimony will be an issue in my divorce?
Yes. Because there is no set formula for alimony it is critical that you have an attorney. Every aspect of a request for or objection to support alimony must be proven. It is not enough to tell the judge you need alimony or you can't afford to pay alimony, you must prove it through evidence and possibly witnesses. Even if you and your spouse are in agreement on alimony, you should still consult an attorney before signing the final Decree to make sure your agreement does not have unintended consequences. In the Oklahoma case Whitehead v Whitehead, the divorce was granted by waiver and in the divorce the husband was to pay his ex-wife $650 per month in support alimony for as long as he was employed by or received retirement from his employer. Neither party was represented by an attorney in the divorce. One year after the divorce was granted, Mr. Whitehead learned that a support alimony award must be for a specific total amount (a sum certain). Mr. Whitehead filed a Motion to Modify but his motion was denied because the judge found that Mr. Whitehead had signed a consent decree. The final ruling was that although a judge could not order support alimony without a specific total amount, the parties could agree to support alimony without a specific total amount. Click HERE if you would like to read the actual case. A new case decided in March 2010, Parham v. Parham, also dealt with modifying alimony agreed to in a consent decree. The Parham court held that in this case the support alimony could not be terminated, however alimony could be modified because the Consent Decree didn't specifically say alimony could not be modified. Click HERE if you would like to read the actual case.
Below are answers to questions frequently asked by men and women about alimony in Oklahoma. Please remember the answers and the information contained on this web site are based on general facts and might not apply to specific factual situations. In addition, this information is based on Oklahoma law. The laws of other states may differ substantially. The information contained on this web site is not meant to be specific legal advice. Always consult a lawyer to apply the law to your specific facts and state.
1. Will I have to pay alimony or will I receive alimony?
Maybe. Under Oklahoma law support alimony may be awarded in appropriate cases. The purpose of support alimony is to provide a cushion to allow the spouse with the lesser earning capacity time to transition to single life and/or to gain employment. The purpose of support alimony is not to punish the other person. Whether support alimony will be awarded depends on two factors. The first factor is whether one spouse has a need for support alimony. The second factor is whether the other spouse has the ability to pay support alimony. The answer to both questions must be yes for support alimony to be awarded.
2. Will I receive support alimony forever or will I have to pay support alimony forever?
No, unless both parties agree to it. In the past permanent support alimony could be ordered by the judge. In recent years the laws have changed and now any support alimony ordered by the judge must be for a specific total amount. This is also known as a sum certain amount. Even though a judge cannot order permanent support alimony, if the divorce is done by agreement, also known as a consent decree, the parties can agree to permanent support alimony and they will be legally bound by that agreement.
3. How much alimony will I get or how much alimony will I have to pay?
Unlike child support, there is no formula for support alimony. There are many factors a judge can consider but it is up to the judge to decide how important each factor is when deciding how much alimony to award. A few of the many factors the judge may consider include:
- The age and health of each party
- The education and earning capacity of each party
- The lifestyle of the parties before separation
- The length of the marriage
- The income producing property received by either party in the divorce
- The budgets of each party
4. Can alimony be modified after it is awarded?
Yes. Under Oklahoma law support alimony can be terminated if the person receiving alimony gets married or begins living with a romantic partner. Support alimony may also be terminated or modified if there has been a significant change in the need and/or earning ability of either person. For example if the person ordered to pay support alimony later suffers an injury making it impossible to work.
5. Is support alimony considered income for tax purposes?
At the present time the person receiving support alimony must report it as taxable ordinary income and the person paying support alimony can take a tax deduction.
6. Should I have an attorney if alimony will be an issue in my divorce?
Yes. Because there is no set formula for alimony it is critical that you have an attorney. Every aspect of a request for or objection to support alimony must be proven. It is not enough to tell the judge you need alimony or you can't afford to pay alimony, you must prove it through evidence and possibly witnesses. Even if you and your spouse are in agreement on alimony, you should still consult an attorney before signing the final Decree to make sure your agreement does not have unintended consequences. In the Oklahoma case Whitehead v Whitehead, the divorce was granted by waiver and in the divorce the husband was to pay his ex-wife $650 per month in support alimony for as long as he was employed by or received retirement from his employer. Neither party was represented by an attorney in the divorce. One year after the divorce was granted, Mr. Whitehead learned that a support alimony award must be for a specific total amount (a sum certain). Mr. Whitehead filed a Motion to Modify but his motion was denied because the judge found that Mr. Whitehead had signed a consent decree. The final ruling was that although a judge could not order support alimony without a specific total amount, the parties could agree to support alimony without a specific total amount. Click HERE if you would like to read the actual case. A new case decided in March 2010, Parham v. Parham, also dealt with modifying alimony agreed to in a consent decree. The Parham court held that in this case the support alimony could not be terminated, however alimony could be modified because the Consent Decree didn't specifically say alimony could not be modified. Click HERE if you would like to read the actual case.
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Michelle K. Smith
Attorney at Law, PLLC 1211 N Shartel, Suite 1005 Oklahoma City, OK 73103 Phone: (405) 759-2333 |
