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Alimony, or spousal support may be granted in Oklahoma depending on the circumstances of the marriage.
Oklahoma is a no-fault divorce state, so the court will not consider fault when awarding alimony.
Either spouse may be allowed alimony if the court thinks it is reasonable.
Alimony may come from real or personal property, or in the form of money judgment, payable either in a lump sum or monthly, as the court determines just. The court determines the appropriateness of any support payments on a case-by-case basis, taking into considerations factors such as the duration of the marriage, age, income and earning capacity of the parties, and other relevant information that the court determines is in the interests of justice.
Upon the death or remarriage of the receiving spouse, alimony terminates. Cohabitation with a member of the opposite sex is also a ground to modify a support agreement. Either party may petition the court to modify the support arrangement due to a significant change of circumstance.
The length of the marriage is the most important factor in determining the duration of alimony. Oklahoma law provides that alimony terminates upon the death of either spouse. Alimony also terminates upon the remarriage of the recipient.
Support payments may be deducted from federal taxes, and the recipient must pay income tax on the payments. Monthly alimony payments that are court ordered may be claimed as a deduction by the paying spouse. The receiving spouse must claim the payments as income.
The payor makes payments to the county clerk, and then if requested, the court transmits these payments by first class United States mail.
Types of Alimony
In Oklahoma courts may order temporary, short- and long-term alimony. Temporary alimony is granted at the discretion of the court during the divorce proceedings and before the final decree. Short-term alimony may be granted to allow the receiving party time to gain necessary skills. Long-Term, or permanent, alimony may be granted to a spouse who has significant needs, and is usually reserved for lengthy marriages.
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