Many couples who have decided to get divorced are nervous when it comes to the issue of alimony.
Unlike child support, there is no alimony formula Oklahoma, and it is not a guarantee in Tulsa or any other community.
If you are unsure of whether you may have to pay or will be able to receive alimony, contact an experienced Oklahoma divorce attorney today.
FAQ: Alimony Formula Oklahoma
Typically, a Tulsa court only grants alimony in certain circumstances.
Although there is no set alimony formula Oklahoma, courts consider the following factors in deciding whether to award alimony:
1. The length of the marriage: A court is more likely to award alimony when there has been a lengthy marriage.
2. Whether or not the spouse requesting alimony worked during the marriage: If a spouse did not work during the marriage, a court is likely to award alimony.
3. The spouse’s need for financial support: If a spouse will have little to no source of income after a divorce, a court may award alimony.
4. The possibility the spouse will return to the workforce quickly: If a spouse has little education or work experience, the court is likely to award alimony.
Consider the following scenarios:
A) Mary and John were married for 20 years. During the marriage, Mary stayed at home, took care of the children and maintained the household. John became a partner at a large law firm and made $300,000 a year. Mary has a college degree in economics, but has not worked at all since she married 20 years ago.
Here, Mary did not work during the marriage and she will have no source of income after the Tulsa divorce. Even though she has a college degree, she has not worked and therefore has no skills in an industry that would require an economics degree.
The couple was also married for a long period of time. Accordingly, the court is likely to award alimony.
B) Mary and John separated after five years of marriage. John made $300,000 a year as a partner at a large law firm and Mary made $40,000 a year as a teacher. There are no children in the marriage.
Although the couple was married for five years, Mary has worked the duration of the marriage and will still have a job one the divorce is finalized. The court may decline to award alimony in this scenario.
However, Mary may receive alimony for a short period of time to allow her to get on her feet, especially because of the income disparity between the two of them.
She would, of course, be entitled to a portion of the marital property, which will include anything her husband has earned or acquired during the past five years of their marriage.
C) Mary and John were separated after one year of marriage. Mary was 22 and had just graduated college when she married John who was 45, and making $300,000 a year as a partner at a large law firm downtown.
Mary earned a degree in computer sciences and has worked as a computer programmer, web designer and application coder while in college. She turned down three job offers at major technology companies and chose not to work when she married John.
The court here would be unlikely to award alimony to Mary. First, they were only married for one year, which is not substantial enough to warrant long-term alimony payments.
Also, John can prove that Mary has skills which are highly coveted in the current job market. He can also argue that employers are willing to hire her, as evidenced by the fact she turned down several job offers just one year earlier.
The court may award a small portion of the marital property (whatever John earned, saved or acquired over the past year) to her, but this will likely be all that she receives from the divorce. Mary should at least ask for temporary alimony while she gets on her feet.
How Does Alimony Last?
Alimony can last for a few months, a few years or a lifetime, depending on the length of marriage and inability of a spouse to work.
However, alimony will always terminate upon the death of either spouse or the re-marriage of a spouse.
Contact Us: Tulsa Alimony Attorney
Paying or receiving alimony is truly a matter that is up to the courts.
However, an experienced Tulsa alimony attorney can help argue on your behalf.
For a free consultation about alimony formula Oklahoma matters, call the Divorce of Tulsa Law Office today at 918-924-5526.
