In terms of alimony, the standard guideline is that it typically lasts for half the duration of the marriage. Oklahoma follows equitable distribution laws, meaning any assets she is entitled to will be based on their increase during the marriage. (43 OK Stat § 121)
For instance, if you have a 401(k), any growth over the last five months will be considered a marital asset. Currently, it's worth noting that 401(k)s are down, not up.
So if it went up $1,000 during the marriage, that is considered marital and that is split equally. That would include her house as well.
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Being married for 5 months, will I be required to pay alimony in Oklahoma?
I understand your concern. Have you and your spouse discussed the possibility of alimony in case of a divorce?
Yes... she is wanting 3 years of alimony.
Are there any specific reasons or circumstances that make you worried about being required to pay alimony in Oklahoma?
I think she may change her mind and want to make alimony a permanent payment.
Is there anything else the Family Lawyer should know before I connect you? Rest assured they'll be able to help with alimony.
Yes... will she be entitled to my military retirement, 401k, and VA disability payments?
Hello! I'm Attorney/Professor, a Family Law expert here to help you navigate your concerns about alimony and asset division in Oklahoma.
Good afternoon.
One factor considered in alimony cases is the length of the marriage. In this case, since it is a short marriage, alimony should not be an issue.
Thank you... about my military retirement, VA disability payments, and retirement savings... Will she be entitled to any of that?
I'm not an expert when it comes to military benefits, but it should be the same concept—that whatever she is entitled to would be minimal.
Are we talking half or less?
She's not going to get half on a 5-month marriage.
We both had property when we met. We discussed keeping our own property. Will I have to split our property we had before marriage?
In terms of alimony, the standard guideline is that it typically lasts for half the duration of the marriage. Oklahoma follows equitable distribution laws, meaning any assets she is entitled to will be based on their increase during the marriage. (43 OK Stat § 121)
For instance, if you have a 401(k), any growth over the last five months will be considered a marital asset. Currently, it's worth noting that 401(k)s are down, not up.
So if it went up $1,000 during the marriage, that is considered marital and that is split equally. That would include her house as well.
Is our property we had before marriage considered joint property now?
No, it's separate property. The only issue is the increased value during the 5 months.
Besides that, if this went to trial, she would spend more on attorney’s fees than she would ever get in alimony. If she is representing herself and you hire a lawyer, she is subject to paying your attorney's fees. So it's just not practical to even pursue the matter.
Ok, thank you. This is all I have for now.
