During a divorce in Oklahoma, both parties have the right to request alimony. For alimony to be granted and then be determined, the court takes into account the type of alimony and the circumstances of both parties.
What Do Courts Consider When Granting Alimony?
Since there is no set guideline for who can get alimony and who cannot, the court considers both parties’ situations as a whole when granting alimony. The court first considers the type of alimony requested and then looks at the specifics of the couple’s relationship.
Types of Alimony
In Oklahoma, there are three types of alimony: temporary, short-term, and permanent.
- Temporary alimony is granted to a spouse who needs financial assistance until the divorce is finalized.
- Short-term alimony is granted to a spouse who is attempting financial independence but needs a small amount of support. Short-term alimony is often granted to a spouse who has to return to work after a period of time off as a stay-at-home parent or stay-at-home spouse.
- Permanent alimony is granted to spouses who cannot financially care for themselves or return to work.
Factors The Court Also Considers
The court also considers the practicality of the selected type of alimony with the couple’s past history. Past history items often include the length of the marriage, the earning capacity of each party, the health of each party, and the ability to pay alimony. The court can also consider if one party left the workforce to support their spouse’s career, care for their children or home, or any other non-monetary contribution to their marriage.
Why Would The Court Not Grant Alimony?
An alimony case may be fully argued, but if the paying party cannot afford to pay alimony and remain financially independent, the judge will most likely not grant alimony to the requesting party. The judge would also most likely not grant alimony if the requested type and time period do not reflect what would be necessary for the receiving party to become financially independent.
If you are considering filing for divorce and requesting alimony, call Redhawk Law at (405) 266-5072 to schedule an initial consultation.