Hello! My name is TJ and I’m an attorney. Thanks so much for the opportunity to assist you! I reviewed what you wrote and I’m about to post my initial answer. While I finalize that, can you please let me know if you’re available for an online chat right now?

If your separation agreement includes provisions for spousal support, those terms can typically be modified upon the dissolution of the marriage — but that depends on what’s specifically stated in the agreement. If it doesn’t clearly address modification or termination, the court may still have discretion to adjust it, based on changes in circumstances, like marriage length, income, etc. (43 OK Stat § 134(D))

If the agreement doesn’t provide clear guidance, you may be able to ask the court for a modification.

In order to give you a more thorough answer, could you clarify if there’s any mention of how spousal support is calculated or determined in your separation agreement? Also, has there been any significant change in circumstances since the agreement was signed, such as a change in income or living situation?

Thanks for getting back to me. It sounds like you’re in a situation where there is a disagreement on the terms of spousal support in the separation agreement. If you’re only willing to agree to a year of spousal support, and the other party is asking for three years, you’re already in a negotiation phase. If you do include spousal support in the agreement, it’s important to ensure that the terms are clear and manageable for both parties. If you don’t feel comfortable with the full three years or the amount, you can attempt to negotiate a compromise, such as reducing the duration or amount, or agreeing to a review clause after a certain period. 

Whether or not to include spousal support in the agreement depends on what both parties are comfortable with, and what will be sustainable in the long term. If you’re concerned about the amount being requested, and the duration is a sticking point, it might be wise to carefully consider how this may impact your finances going forward. There’s no obligation to agree to spousal support, and sometimes it may be beneficial to avoid including it in the agreement altogether if there’s significant disagreement, as long as both parties are willing to move forward without it.

If you don’t sign the agreement yet, you still have the option to make changes, including deciding whether spousal support will be included at all. It may be worth considering whether agreeing to any spousal support (at whatever amount or duration) could lead to a quicker resolution of the divorce, or if it might cause further complications down the line. The goal should be to reach a fair and sustainable agreement for both sides.