Norman Alimony Lawyer
Alimony Award Services in Cleveland County & Surrounding Areas
Alimony, or spousal support as it is also referred to in Oklahoma, is often better determined outside of court. As there are no specific requirements for the court to consider when awarding alimony, it often makes sense for spouses to find a resolution elsewhere. Our attorney is happy to help you and your spouse determine your alimony settlement.
Who Qualifies for Alimony in Oklahoma?
Either spouse can request alimony during a divorce. To do so, the requesting spouse must prove why this support has been requested and the paying spouse will need to be able to afford these payments.
Types of Alimony Available in Oklahoma
There are three different types of alimony available to a requesting spouse in Oklahoma: temporary, short-term, and permanent.
- Temporary: This type of alimony is given to a requesting spouse who needs additional financial support during a divorce. Since divorces can take some time to finalize, temporary alimony can provide for this spouse’s living expenses and necessities until then.
- Short-term: Also known as rehabilitative alimony, this type of support is granted to a requesting spouse while he/she works to become financially independent. This is common in marriages where one spouse stayed home to take care of the marital residence and children.
- Permanent: Permanent or long-term alimony is not very common. This type of support is given to a requesting spouse who cannot take care of himself/herself due to an illness, advanced age, and/or a disability. Permanent alimony continues until one spouse requests a modification or termination or when the recipient dies or gets remarried.
What Factors Does the Court Consider in an Alimony Determination?
The state of Oklahoma is unique in the sense that it does not have a set of guidelines the court can refer to when determining alimony. Here are some of the considerations the court thinks about before declaring an alimony award:
- The length of the marriage
- Each spouse’s income and/or earning capacity
- Each spouse’s marital standard of living
- Each spouse’s health condition and age
- Whether one spouse contributed to the other’s education and/or earning capacity while married
- Whether the paying spouse can financially afford to pay alimony
- Monetary and non-monetary contributions to the marriage
As the type of alimony, amount, and duration are all under a judge’s discretion, it is helpful to hire an experienced lawyer to help you reach an agreement on an alimony award instead of relying on the court to decide for you.
Modifying Alimony in Oklahoma
Alimony modification, reduction, or termination is possible under certain circumstances. If there is a change to the receiving spouse’s needs or the paying spouse’s ability to pay the alimony amount, then either spouse can ask the court for a modification. Additionally, if the receiving spouse starts to cohabitate with an individual of the opposite sex and the cohabitation reduces this spouse’s need for alimony, these are grounds for possible termination of the alimony.
Understanding the Tax Implications of Alimony
When it comes to alimony, it's important to consider the potential tax implications for both the payer and the recipient. Under the current tax laws, alimony payments are tax-deductible for the payer and taxable income for the recipient. However, it's important to note that these laws may change in the future, so it's essential to consult with a knowledgeable alimony attorney.
Here are some key points to consider:
- Tax Deductibility: If you are the one making alimony payments, you may be able to deduct those payments from your taxable income. This can potentially lower your overall tax liability.
- Taxable Income: If you are the recipient of alimony payments, you will need to report those payments as taxable income on your tax return. It's important to plan accordingly and understand the potential impact on your tax situation.
- Timing: It's crucial to ensure that your alimony agreement meets the requirements set forth by the Internal Revenue Service (IRS) to qualify for tax deductions or to be considered taxable income.
- Legal Guidance: Navigating the complexities of alimony and taxes can be challenging. Our experienced alimony attorneys can provide the guidance you need to understand the tax implications and ensure that your alimony agreement is structured in a way that is beneficial for both parties.
At Redhawk Law, we understand the importance of addressing the financial aspects of alimony. Our team of knowledgeable attorneys can help you navigate the complexities of alimony and ensure that your rights and interests are protected throughout the process.
How Our Norman Alimony Attorney Can Help
If you need assistance determining or modifying alimony, our experienced lawyer can help. As there is no set formula for alimony in the state of Oklahoma, it is important to hire a reputable attorney with a strong understanding of Oklahoma alimony procedure. The court takes multiple factors into consideration when determining alimony, many of which are out of your control. To feel involved in the process, it is best to retain a lawyer.
With over a decade of experience handling various family law cases, we can provide you with the counsel you need to ensure a fair alimony settlement.