What You Need to Know About Spousal Maintenance in Oklahoma

Spousal maintenance, often referred to as alimony, is a legal obligation for one spouse to provide financial support to the other during or after a divorce. In Oklahoma, understanding the intricacies of spousal maintenance is crucial for both parties involved in a divorce. Here’s what you need to know.

Types of Spousal Maintenance
In Oklahoma, spousal maintenance can be categorized into two types:

• Temporary Maintenance: This is granted during the divorce proceedings to help a lower-earning spouse maintain their standard of living.
• Permanent Maintenance: This is awarded after the divorce is finalized and may be granted when one spouse is unable to support themselves due to various reasons such as age, health issues, or absence from the workforce.

Factors Influencing Spousal Maintenance
The courts in Oklahoma take several factors into account when determining the amount and duration of spousal maintenance. These include:

• The length of the marriage.
• The financial resources of each spouse, including income and property.
• The recipient spouse's needs and standard of living during the marriage.
• The age and health of both spouses.
• The contributions made by each spouse to the marriage, including homemaking and child-rearing.

Duration of Spousal Maintenance
There is no fixed duration for spousal maintenance in Oklahoma. The length can vary based on the specifics of the case. Temporary maintenance might last until a divorce is finalized, while permanent maintenance could continue for several years or even indefinitely in certain situations, particularly if the recipient spouse is unable to become self-sufficient.

Modification and Termination of Spousal Maintenance
Spousal maintenance can be modified or terminated if there are significant changes in circumstances. This might include a substantial increase in the paying spouse’s income, a change in the receiving spouse’s financial situation, or remarriage of the receiving spouse. It is important to document any changes and consult with a legal professional when considering modifications.

Tax Implications
It is also vital to understand the tax implications surrounding spousal maintenance. Under the Tax Cuts and Jobs Act, for divorces finalized after December 31, 2018, alimony payments are no longer tax-deductible for the paying spouse, nor are they considered taxable income for the receiving spouse. Couples should be aware of these changes when negotiating alimony settlements.

Seeking Legal Advice
Given the complexities surrounding spousal maintenance in Oklahoma, it is highly recommended to seek legal advice from a family law attorney. An experienced attorney can provide guidance tailored to your specific situation, help negotiate settlements, and represent you in court if necessary.

In summary, spousal maintenance is a critical component of divorce proceedings in Oklahoma, and understanding your rights and obligations is essential for both parties. Whether seeking or contesting maintenance, legal counsel can help navigate this challenging aspect of divorce.