Support Alimony: Essential Information for Oklahoma Divorces
Hi, my name is Clint Hastings. I’m an attorney in Tulsa, Oklahoma, focusing on dad’s rights. Today, we’re going to talk about support alimony. Now, first, let me make clear, because you will hear different things from different people about what alimony is. Some people may be talking about what’s called alimony in lieu of property division, and that’s in a case where, say, instead of selling a house, let’s say the husband keeps the house and therefore he owes his wife half of the equity, let’s say, and instead of having to sell the house and to get the money to pay her half the equity, he keeps the house but pays her in monthly installments to pay for that equity.
Now, it could be, you know, based on any property division, whether it’s personal property or real property, you might have a lake house or something that you want to keep but you want to pay your wife her share or you don’t want to. Still, if the judge orders you to, then that’s alimony in lieu of property division. What most people are talking about when they talk about alimony is support alimony for your spouse. Now, how is that determined? Well, basically, it boils down to her need for the alimony and your ability to pay the alimony.
Factors Considered in Determining Support Alimony
So, let’s say she has a need for a million dollars but you cannot pay her a million dollars. Well, there will be no alimony awarded or it would only be a very slight amount. But let’s say she had a need of only 10,000 and you had a million dollars. Well, you would only be ordered to pay the 10,000, not a million because it’s based on her need. Now, a lot of things go into what we call need or ability to pay and it can get quite complex. You may spend a lot of time in your case and at a trial based on the issue of support alimony.
Now, in general, it’s intended only to get your wife through the time following the divorce to get back on her feet. So, it’s not that she’s not expected to regain some kind of self-employment or employment or something to support herself. That is expected. But you may have to pay or contribute to paying for education, schooling, training, things that she may have put off during the marriage to allow herself to have that earning capacity. You may be told by the judge that you need to contribute to that.
Seeking Legal Advice on Support Alimony
Now, also, of course, you can always come to an agreement through a mediator, through attorneys, to come to an amount that’s acceptable for both parties. Now, there is no absolute formula for support alimony. Now, different attorneys may come up with their formula that they like to try to come up with the number and try to get others to agree to and may try to persuade the judge to accept that as an applicable formula in your case. But there is no law that prescribes some specific formula. That’s why it gets very difficult. I hope that helps. I hope that explains some things. If you have more questions about it, you can contact a Tulsa alimony attorney.
Call for a Low-cost Consultation
If you have questions or need legal advice regarding support alimony in Oklahoma, please don’t hesitate to reach out to a Tulsa fathers right lawyer at 918-962-0900 for a low-cost consultation. I’m here to help you navigate through this process and ensure your rights are protected.