Alimony is based off of one spouse’s need and the other spouse’s ability to pay. Factors that Oklahoma Courts have considered in determining if alimony is appropriate include the following:
- Loss of the right of inheritance from the payor spouse.
- Expectation of a future inheritance of the payor spouse.
- Earning capacity of the payor spouse.
- Payor spouse’s future earning capacity.
- Payor spouse’s present ability to pay.
- Requesting spouse’s contribution to the payor spouse’s accumulation.
- Whether the marriage was one of affection or convenience.
- Requesting spouse’s condition and means.
- Duration of married life and the ages of the parties.
- The requesting spouse’s health.
- Any future increase in the value of property.
- Requesting spouse’s opportunity for employment.
- Requesting spouse’s ability to obtain gainful employment.
- Mode of living to which the requesting spouse had become accustomed during the marriage.
- Probability of the payor spouse’s ability to progress financially.
- Earning capacity of the requesting spouse.
- Requesting spouse’s ability to make a living before marriage.
- Conduct of the parties (dissipation or accumulation of the marital estate).
- Requesting spouse’s education.
- Age of the children and the need to maintain a home for them.
- Parties’ station in life before the divorce.
Laws and the interpretation of laws are always subject to change. In recent years, some of the factors itemized above have become less relevant in determining if alimony is appropriate.
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