How Do I Get Alimony In a Divorce in Creek County?

Do I Get Alimony

A lot of people facing divorce may ask themselves: Do I get alimony? Alimony, also known as spousal support or maintenance, is a financial payment. This will be made by one spouse to the other following a divorce or legal separation. In Oklahoma, knowing if you get alimony involves understanding the legal criteria and process the court uses to determine eligibility and amount. Here, we’ll cover what it is, the types offered, and what to expect during the process.

Types of Alimony

Alimony aims to help the receiving spouse maintain a standard of living. This will usually be similar to what was enjoyed during the marriage. This is especially the case if you sacrificed career opportunities for the benefit of the family. There are a few different types of alimony:

  1. Temporary: Payments made during the divorce proceedings to support the lower-earning spouse until the final divorce decree.
  2. Rehabilitative: Short-term support designed to help the receiving spouse gain education or training to become self-sufficient.
  3. Long Term or Indefinite: Ongoing support paid to the spouse after the divorce. This typically happens until the receiving spouse remarries or either spouse dies. This is less common and usually reserved for long-term marriages.
  4. Lump-Sum: A one-time payment rather than ongoing payments.

While each type of alimony applies to a different circumstance, they all have the same common goal of supporting the other spouse. It’s important to note that the longevity of the marriage is key in alimony. If you’ve only been a married couple for a few years, the court may not see alimony as necessary. On the contrary, if you’ve been married for twenty years, the court will see alimony as a necessity. Additionally, if you both were working the whole marriage and had comparable salaries, alimony will most likely be denied.

Factors Considered by the Court

In Creek County, the court considers several factors when determining whether to award alimony, the amount, and duration of payments. The following are some of those standards you must meet:

  1. Length of the Marriage: Longer marriages are more likely to result in awards.
  2. Earning Capacity: The court examines each spouse’s earning capacity, including education, skills, and work experience. It looks at the financial resources and needs of both spouses, including income, assets, and liabilities.
  3. Standard of Living: The standard of living established during the marriage is a significant factor.
  4. Age and Health: The age and health of both spouses can influence the need for and amount awarded.
  5. Contributions to the Marriage: Non-economic contributions, such as homemaking and supporting the other spouse’s career.
  6. Time Needed for Education or Training: If the receiving spouse needs time to acquire education or training for employment, this will impact the decision.
  7. Custodial Responsibilities: The responsibilities for any minor children can affect alimony, especially if one spouse is the primary caregiver.

An important thing to know is even if you do get alimony, either party can request a modification by filing a petition with the court if there is a significant change in circumstances such as income or remarriage. Alimony is on the basis of needing it, not just wanting it. If you have a well paying job or a new spouse that is providing additional income, it’s no longer a necessity.

Steps to Obtain Alimony

If you believe you should receive alimony, there are a few steps you need to take. The first step should be consulting with a family law attorney. An experienced family law attorney can guide you through the process and advocate on your behalf. They will include a request for alimony in your divorce petition or response, depending on who files first. Your attorney will draft and file all the necessary paperwork. This will alleviate a lot of your burdens when it comes to the process.

Gathering and presenting evidence to support your need for alimony is also a key factor. This includes financial statements, tax returns, proof of income, and documentation of expenses. Once you give these things to your attorney, they will request the amount you need for support. Be ready to attend court hearings on these matters as well. This is where the judge will review the evidence and hear arguments from both parties. Sometimes, it’s possible to negotiate an alimony agreement with your spouse outside of court. When doing this, you should make sure you have your attorney review it before agreeing. Mediation can also be a useful tool in reaching a mutually agreeable solution.

Creek County Divorce Attorneys

Alimony can be one of the most crucial aspects when getting a divorce. Obtaining alimony in Creek County involves demonstrating a financial need and the ability of the other spouse to pay. The court considers multiple factors to ensure a fair and equitable decision that supports the financial stability of both parties post-divorce. If you’re wanting to pursue alimony, our team here at Creek County Attorneys can help you through the process and advocate for you. Call us at 918-209-3709 for a free and confidential consultation or ask a legal question here.