Whether you might have to pay alimony or receive it will depend on the unique facts of your case and how the Tahlequah courts apply Oklahoma law. Alimony, also known as spousal support, is a court-ordered financial payment from one spouse to the other following a divorce. In Oklahoma, alimony is not automatic—it depends on several factors, and a party must request it in the divorce proceedings.
What Is Alimony?
Alimony is made to help a financially disadvantaged spouse maintain a standard of living reasonably close to what they had during the marriage. It is not intended to punish the paying spouse but to provide economic fairness following a divorce. Alimony can be temporary or long-term, and it may be in monthly installments or as a lump sum.
Who Qualifies to Receive Alimony in Cherokee County?
To qualify for alimony in Cherokee County, the requesting spouse must show a genuine financial need and that the other spouse has the ability to pay. Courts consider several factors when determining alimony eligibility, including:
- The length of the marriage
- Each spouse’s earning capacity and income
- Education levels and employability
- Whether one spouse gave up career opportunities to support the other
- Contributions made to the household (including homemaking and child-rearing)
- The standard of living established during the marriage
- The age and health of each spouse
Spousal misconduct, like infidelity, generally does not impact alimony in Oklahoma, as the state follows a “no-fault” divorce system. However, a court may consider misconduct if it significantly affected the couple’s financial situation.
How Long Does Alimony Last?
The duration of alimony varies based on the circumstances of the marriage and the needs of the recipient. Some alimony awards are:
- Short-Term: To provide support while the recipient gains education or employment skills
- Rehabilitative: To help a spouse transition to self-sufficiency
- Permanent (rare): Typically reserved for long-term marriages where one spouse is elderly or disabled and cannot become self-supporting
Alimony usually ends if the recipient remarries or if either party passes away. It can also be modified or terminated if there is a substantial change in circumstances, such as job loss, retirement, or cohabitation with a new partner.
Will I Have to Pay Alimony?
If you earn significantly more than your spouse and they are unable to support themselves immediately after divorce, the court may order you to pay alimony. The amount and duration will be based on what the court deems fair and necessary under Oklahoma law. However, if your spouse has the ability to support themselves or the marriage was short in duration, the court may decline to award alimony.
Many couples resolve alimony through a settlement agreement during divorce mediation or negotiation. If both parties agree to the amount and duration of spousal support, the court will generally approve the agreement and include it in the divorce decree. Negotiating alimony outside of court allows more flexibility and may reduce conflict.
How Do Courts Enforce Alimony?
Once alimony is ordered by the court, it becomes a legal obligation. If the paying spouse fails to comply, the recipient can ask the court to enforce the order through:
- Wage garnishment
- Contempt proceedings
- Property liens or collection actions
Because nonpayment can have serious legal consequences, it’s essential for both parties to follow the court’s order or seek a formal modification if circumstances change.
Tahlequah Alimony Lawyers
If you’re going through a divorce in Tahlequah and have questions about alimony—whether you’re seeking it or may have to pay—it’s critical to speak with an experienced family law attorney. For a free and confidential consultation with one of our family law team members at Tahlequah Lawyers, call 539-867-2321, or follow this link to ask an online legal question.