Alimony and Spousal Maintenance
Every couple who goes through a divorce proceeding in the state of Oklahoma has to address the terms of the divorce, and most of these are applicable to all cases. The matter of property and debt division is something that all people must deal with, and if the divorcing couple has children custody, visitation, and support issues must be addressed. The one divorce term that is not going to apply to every case is that of spousal support.
The terms spousal support, alimony, and spousal maintenance all refer to the same thing: a payment made by one party to the other after a divorce. In the state of Oklahoma this payment is formally called spousal support, and for identification purposes the person paying it would be the “supporting spouse”and the recipient is termed the “dependent spouse.” The laws that define spousal support can be found in Title 43, Sections 121 and 136 of the Oklahoma Statutes. It is clearly stated that spousal support is not appropriate in every instance and it is to be decided on a case-be-case basis.
Spousal support can be agreed upon by the divorcing couple or ordered at the discretion of the court. There are two different types of spousal support that serve different purposes. Temporary or rehabilitative spousal support is paid for a limited period of time while the dependent spouse is obtaining the ability to become financially self-supporting. Permanent spousal support is an indefinite arrangement that is intended to provide the dependent spouse with a foundational source of income for life or until remarriage.
It should be noted that spousal support payments can potentially be modified over time if a material change of circumstances was to exist. But, the court may not have the jurisdiction to order a modification if the arrangement was entered into privately depending on the details of the spousal support agreement.
For legal advice regarding alimony and spousal maintenance, contact an Oklahoma City OK family lawyer to arrange for a free consultation.
