Alimony in Oklahoma Provides Temporary Spousal Support
In Tulsa alimony is the name for periodic payments made to your ex-spouse for their support, and it can be a long-term or a short-term thing. Alimony is a kind of equitable relief. It is meant to be tied to income disparities between one spouse and the other. Often, these disparities grow out of a tie to the marriage.
What Alimony Is And Is Not
Let’s say that one spouse gives up their career to take care of the children or to take care of the other spouse. At divorce, the spouse who has given up their career to take care of the other spouse or children would be unable to support themselves without some kind of helping hand.
Too often though, alimony is viewed not as a helping hand by the other spouse, but as a free ticket or as a way of hurting the other spouse. It is helpful to have legal help, particularly if this is your situation.
Alimony is never meant to be permanent. It is meant to be rehabilitative. Sometimes, alimony can be used in lieu of other property division between the parties.
For example, if one party had a large retirement account, the court might award alimony payments to the other party.
What you choose to do regarding a spouse’s request for alimony can affect you for longer than you might think. That is why you want to make sure and work with an experienced Tulsa alimony attorney to make sure you get a fair shake.
A Judge’s Discretion
Oklahoma judges have quite a bit of discretion in making alimony orders, both in terms of amount and duration. Judges will try to do what is equitable — but that is not always in the paying spouse’s best interests. Judges will look at the finances of both parties, both income and expenses.
A spouse must have a particular need for alimony and the other spouse must have the ability to pay. In addition, the need must be tied to the marriage. A spouse may give up their career, but a divorce that happens in short order after the marriage will have a minimal impact on a spouse’s need for alimony. In other words, the longer the marriage, the greater the spouse’s need may be.
Income And Expenses Are Both Open To Argument
Sometimes, income and expenses are straightforward. Other times, not so much. When one spouse has the ability to earn money, a judge may be convinced to impute income to that spouse even if that spouse has not worked lately. This may mean less alimony or alimony for a shorter duration.
Other times, a spouse’s claimed expenses to justify the need for alimony may be inflated. A spouse may not need designer clothes when job hunting, but may need a new suit or two. Or a spouse may need training for a particular period of time. A spouse who comes in asking for alimony without a plan in place for getting back on their feet may face issues of unreasonableness in the judge’s eyes.
This is why it is helpful to have an experienced Tulsa alimony attorney on your side early in the divorce proceeding. If you are facing a situation where your ex-spouse is seeking alimony, a good lawyer can help you avoid that liability — or if you cannot avoid it outright, at least mitigate the amounts you are going to pay.
Remember, the judge gets to decide what is fair. It is always best to be reasonable and fair; this is especially true when your spouse is unreasonable in their request. Be calm, work with your Tulsa.dads.law attorney, and show the court your willingness to be reasonable under the circumstances. Your attorney will know what evidence is weak and how best to attack it.
Low-cost Strategy Session With A Tulsa Alimony Attorney
Always make sure to work with an experienced Tulsa alimony attorney in your divorce. The consequences of an alimony order can follow you for years to come. Never try to handle this on your own. Get help instead.
When a spouse moves for alimony payments, a Tulsa men’s rights attorney offers the experience you need to protect your financial resources. Call Tulsa.Dads.Law at 918-962-0900 or send a message by clicking the consultation button anywhere on this site.
