In 1976, the Oklahoma legislature amended the support alimony statute to remove fault and gender as factors for an award of support alimony. Since then, the primary factors considered by Oklahoma Courts are:

• the needs of the recipient.
• the payor’s ability to pay.

When considering the overarching need and ability to pay, Courts will apply a set of factors to each case to ease the financial impact of transitioning from married life and provide the opportunity for the alimony recipient to become self-supporting through gainful employment. Importantly, the list of factors the Court will consider is not based on a statutory law. They are gleaned from case law, and therefore the factors the Court will consider are within the Court’s discretion on a case-by-case basis.

Several factors have been discussed in cases published by the Oklahoma Supreme Court including:

A.  The Support Alimony Recipient’s Need for Support

The primary focus in awarding support alimony is the recipient’s need for support. The Oklahoma Supreme Court has emphasized that support alimony is a need-based concept, and the alimony seeker bears the burden of demonstrating a need for support. The Court has further held that substantial spousal property must be supported by proof of excess monetary needs to cushion the economic impact of transition. 

It is therefore crucial for the alimony recipient to provide physical evidence of the need for alimony. Simply providing a wish list or stating a number without proof to back it up is not enough.

B.  Marital Standard of Living Enjoyed During the Marriage

The Supreme Court has upheld support alimony awards based on the parties’ high standard of living during the marriage. The Court noted an affluent lifestyle, including living in an upscale area, private schools and numerous vacations.

This emphasizes the “case by case” nature of a Court’s consideration for alimony, as well as its wide discretion. In one case, the Court might be considering a recipient’s request based on having lived a country club lifestyle. In another case, the Court may consider an alimony request based on a recipient’s plan to go to phlebotomy school.

Earning Capacity of Each Spouse:

The earning capacity of each spouse is a significant factor in awarding support alimony. If a recipient can prove that he or she is incapable of producing income or obtaining employment that will generate sufficient income to meet his or her needs, the Court will consider that in making its decision.

Length of the Marriage and Age of the Spouses:

Often, the length of the marriage and the parties’ relative age are intertwined with the analysis of each party’s earning capacity. For example, the Supreme Court has determined trial Court awards of alimony to be too low in cases where the parties had a long-term marriage and for much of the marriage, the wife was completely dependent on the husband financially. Therefore, if a party has not worked throughout a lengthy marriage, which will seriously limit an individual’s earning capacity, the need for alimony is greater.

Physical Condition of the Parties:

The ability of a party to work based on their physical condition will also play a role in the Court’s determining if an alimony award is appropriate. The Court must weigh the “rational connection” between an alimony candidate’s need and the marriage itself as a contributing cause of that need. For example, if an illness, injury or postponement of education occurred during or because of the marriage, an alimony candidate has a stronger argument for alimony than a party who came into the marriage with an illness, injury or had not pursued their education.  

Finding a Lawyer:

Making a successful claim for alimony is both an art and requires careful preparation of evidence. It is a complex legal process that requires representation – whether you are the party seeking alimony are arguing against it.

Our team of experienced attorneys offers a collaborative approach to help clients and their families. Contact us to find a support alimony expert today.