ALIMONY LAWYER IN TULSA
Alimony, also referred to as “spousal support,” is one of the most heavily disputed areas in a divorce case. Family law judges consider several factors in deciding alimony awards. You need an experienced alimony attorney on your side to be confident that you will get a reasonable alimony order.
Contact experienced Tulsa alimony lawyer Bryan Stratton today. Bryan focuses on family law, and he has the knowledge and skills to get you a fair settlement.
What is Alimony?
Alimony is a court-ordered payment from one spouse to the other, usually recurring on a monthly basis, meant to maintain the life style of the spouse with the lower income. This is why alimony is also often called “spousal maintenance.” The idea is to allow both spouses to maintain the same (or very similar) standard of living as they were accustomed to during the marriage. In cases involving children, there may be both child support and alimony orders, but they are not one and the same. True alimony is also distinguished from “alimony in lieu of property division.” That concept is explained in more detail below.
Contact alimony attorney Bryan Stratton today to find out more about alimony in Tulsa.
What Are the Different Types of Alimony?
Oklahoma law allows for two basic types of alimony: temporary alimony and permanent alimony. Temporary spousal maintenance orders are typically entered when the divorce is first filed and continues during the couple’s separation and through the pendency of the divorce case. Many temporary alimony awards only stay in effect until the divorce is final.
True alimony, by contrast comes into effect after the divorce has been finalized. “Permanent” alimony payments may occasionally be calculated as a lump sum, but the more common arrangement is recurring monthly payments. Note that alimony is never really permanent, but it may continue for several years.
For more information about the different types of alimony, contact attorney Bryan Stratton today.
How Is the Amount of Alimony Decided?
Judges have a tremendous amount of discretion in determining alimony awards. Oklahoma family law does not have an alimony calculator or guideline for figuring out how much the alimony payments will be. Courts consider factors such as income disparity, the amount of each spouse’s property and assets, the income potential of each spouse, the age of each spouse, and even the length of the marriage.
It is critical to have an experienced alimony lawyer. Alimony is a highly contentious and potentially confusing area of law. You need a knowledgeable advocate to present your side to the judge. Without the benefit of a skilled attorney, you may very well end up with an unfair alimony order.
Call attorney Bryan Stratton today to discuss issues involving alimony payments.
Does the Court Consider Fault as a Factor in Alimony Orders?
Under Oklahoma law, fault does factor into many decisions made in a divorce case, but it does not usually affect alimony. Remember, fault allegations include adultery, abuse, incarceration of one spouse, etc. These allegations do factor into child custody determinations and other orders in a divorce case.
The difference with alimony is that the focus is on maintenance of the standard of living. For this reason, alimony orders are determined independent of fault assertions. If one spouse has disproportionately more assets or a significantly higher income, that spouse may have to pay alimony even if he or she was not at fault in the breakup of the marriage.
To learn more about alimony and fault in a divorce case, call Tulsa alimony lawyer Bryan Stratton.
How Long Do Alimony Payments Continue?
The answer to this question is: it depends. There is no hard-and-fast rule for figuring out how long alimony payments will continue. It is determined on a case-by-case basis. In some cases, the paying spouse may only have to make one lump sum payment. In other cases, the payments may be required on a monthly basis and last for several years.
If the alimony award is pursuant to a temporary spousal maintenance order, it might end once the divorce becomes final. But remember that the judge has the discretion to order ongoing alimony payments to continue after the divorce.
For more details about alimony orders in Oklahoma, contact the law offices of Bryan Stratton.
Can I Get My Alimony Order Modified?
Yes. Alimony orders may be modified if one or both parties experience a signification change in his or her financial situation. Such changes may include getting or losing a job, a pay raise, bankruptcy, or even the subsequent marriage of one spouse.
The spouse seeking a modification must prove to the court that the current alimony order is no longer reasonable because of the change in financial circumstances.
If you believe your alimony order should be modified, call Tulsa alimony lawyer Bryan Stratton to discuss your situation.
What Does “Alimony In Lieu of Property Division” Mean?
Alimony in lieu of property division is a type of property division that is determined based primarily on the value of marital property. Like alimony, this type of property division is intended to account for and to mitigate income disparity between the spouses. It may even be carried out on a monthly basis. Aside from those similarities, it is not truly alimony as explained above.
Alimony in lieu of property division can also be used to make up for an otherwise inequitable division of property in the divorce order. The court may order the spouse who retained a larger share of the marital property to make a payment (or multiple payments) to the other spouse to resolve the imbalance.
Additional Alimony Questions
If you have more questions about spousal maintenance under Oklahoma law, call us at