The divorce process is complex enough, and anyone having to endure such transition must understand the finer points pertaining to spousal support in Oklahoma. Essentially, alimony is the monetary support that one spouse renders to another spouse during or after a divorce. This guide discusses the important aspects of spousal support in Oklahoma and how to choose an attorney to assist in negotiating the spousal support minefield.
Understanding Spousal Support in Oklahoma
Oklahoma is one of the states that does not automatically award spousal support during the divorce proceedings; a request must be made by one of the parties. Alimony is premised mostly on the idea that it will in most cases meet the needs of that spouse who has neither income nor resources sufficient for a normal standard of living at least equal to that enjoyed during the marriage. The court takes into consideration several factors for the requirements of spousal support and its amount, with such factors as length of marriage, financial resources and needs, standard of living, age and health, and earning capacity.
In Oklahoma, temporary spousal support and permanent spousal support are both provided for. Temporary spousal support, or spousal maintenance, is awarded during divorce proceedings and ceases upon the granting of the divorce. Permanent spousal support, in contrast, continues after the termination of the marriage and is customarily ordered to be paid either in periodic installments or as a lump sum, at the court’s discretion.
Calculating Spousal Support
Child support has particular guidelines, there is no formula to calculate spousal support in the state of Oklahoma. Instead, the courts have found broad discretion in making judgments given the diverse circumstances surrounding each situation. The absence of a set formula is an indication that a good, strong case making use of proper financial evidence and documentation showing either need or ability to pay is truly important.
Those estimating their possible spousal support obligations can find plenty of online calculators that can give them an idea. But caution is recommended before relying on such systems, which can never replace the advice of a qualified legal professional. After all, an online calculator might overlook all possible nuances of Oklahoma law and individual’s specific situations.
Modifying Spousal Support
Spousal assistance agreements are never always rigid. In Oklahoma, either partner can make a request for proof of modification of the support order on the ground of a legitimate change in circumstances. For example, cases of changes in income or employment status and health issues or, most importantly, the other spouse remarriage should be cases for changes. For modification proceedings, the party seeking an alteration must demonstrate the changed circumstances and their effect on the current arrangement for support.
Choosing the Right Attorney
Given the complexities and the discretionary nature of spousal support determinations in Oklahoma, securing experienced legal representation is essential. A knowledgeable attorney can provide invaluable assistance in several ways:
- Expertise in Family Law: A family law attorney is well acquainted with the statutes of spousal support and the different ways in which they are applied in different cases.
- Strategic Case Building: Knowledgeable attorneys effectively gather and present evidence, build persuasive arguments, anticipate obstacles, and therefore help to put their clients in the best position possible.
- Negotiation Skills: Most agreements on spousal support are reached via negotiation rather than litigation. An attorney who excels in negotiating will seek a just settlement that serves the interests of his or her client.
- Ongoing Support: After the divorce, new circumstances may emerge requiring alterations to the spousal support arrangement. An attorney will facilitate these alterations to ensure that the support order is fair and appropriate.
Key Considerations When Selecting an Attorney
When choosing an attorney to handle spousal support matters, consider the following:
- Experience and Track Record: Search for a lawyer with relevant experience in pursuing successful spousal support agreements. Knowledge of jurisdiction and local experience can be very relevant, as the lawyer may understand how the courts and judges in the locality proceed.
- Client Testimonials and References: Former clients’ reviews and testimonials may help in knowing an attorney’s professional and communication style as well as performance.
- Communication and Compatibility: It’s important to have a lawyer who can communicate in a clear and comfortable manner. The attorney-client relationship is built on trust and open communication.
- Fee Structure: A clear understanding of the attorney’s fee arrangement can prevent misunderstandings in the future. There are lawyers who bill by the hour and there are those charging a flat fee for some services.
Conclusion
In Oklahoma, spousal support directly depends on the validity of state statutes and the peculiarities attaching to each case. Discretionary in justice, this makes the help of a seasoned attorney an utmost importance. One may negotiate through the intricacies of divorce and attain a just and equitable result with an insightful choice of attorney and considerations related to spousal support awards.
