Here we choose to discuss the most frequently asked alimony questions that specifically apply to Oklahoma law. The laws of the other states might provide different answers and hence the solutions provided here should be taken only in context with the Oklahoma law.
Support alimony can be awarded depending upon whether the cases are appropriate or not. The major reason behind awarding alimony as support is to give the spouse with low or no earning a cushion. This cushion helps the spouse to develop and make smooth transition from single life to gaining employment and becoming financially independent. There are many who mistake it as punishment, especially the spouse who has to give the alimony. But that is not the real intention.
The amount of supported alimony is calculated depending upon two factors. The first and foremost is the need of support alimony by the spouse. And the second factor is the ability of the paying spouse to pay the amount of support alimony.
Does the spouse need to pay the support alimony forever?
No. It depends on the agreement between the two parties. Earlier the Oklahoma law had the provision of permanent support alimony which was decided by the judge. But the laws have changed in the past couple of years and now a specific total amount of support alimony can only be ordered by the judge. This is the sum certain amount. Although the judges do not have the right to declare permanent support alimony, both the parties can come to a conclusion and make an agreement. Once decided in the agreement both the parties will have to follow it.
There is no special formula on the basis of which support alimony can be calculated. Although child support alimony can be decided by following certain set rules of the court. A judge has to take into consideration several important factors for deciding the sum certain amount. Some of these factors include:
- Health and age of both the parties
- Earning capacity as well as the education of both
- The existing lifestyle and living standard of both before their separation
- Duration of marriage
- The capacity of the property to produce income as received by either or both of the separated spouses
- Budget and requirement of each of the spouses
After considering all these factors, the judge can conclude regarding the most practical support alimony amount.