Oklahoma City Alimony Lawyer for Fair Spousal Support

Helping Oklahoma Clients Navigate Alimony and Spousal Support

Understanding Alimony: What You Need to Know

Alimony is a regular payment made to a financially dependent individual after a divorce is finalized. In many cases, a person may be asked to pay an unfair amount of alimony to their spouse. In other cases, a party may be unfairly resisting the amount of alimony that they should pay. Having an experienced divorce attorney will help you fight for a fair alimony agreement.

The Oklahoma City alimony lawyer at Burr Law Offices, PLLC has dedicated his career to family law. We focus our practice mainly on family related legal cases so that we can provide the focus and experience our clients deserve. After over a decade in practice, founding attorney Brady Burr is proud to have helped countless Oklahomans through some of the most difficult times in their lives. We will fight to ensure your alimony situation is handled fair and justly. 

Facing challenges with alimony or need assistance modifying your agreement? Contact us now at (405) 357-9156 to speak with a skilled attorney who will help you navigate the process and ensure your rights are protected. 

Types of Alimony Available in Oklahoma

1. Temporary Support: If a spouse needs financial support to help them through the divorce process, one spouse might be ordered to temporarily support the other until the divorce is finalized. 
2. Rehabilitative Alimony: This type of alimony is designed to provide financial support to an individual who was financially dependent during the marriage until they can become financially independent. Rehabilitative alimony is common in Oklahoma marriages featuring one spouse who left the workforce to raise a family, support the other's career, or for another reason.
3. Permanent Alimony: Also known as long term alimony, permanent alimony may be granted in the event one spouse is unable to become self-supporting due to advanced age, a physical or mental disability, or a prolonged absence from the job market. It may be granted indefinitely or until a specific date. Permanent alimony is less common in short term marriages.

Determining Alimony Payments: Key Factors

Alimony is a regular payment provided by one spouse when the other is deemed to be economically dependent on them. These payments may last for a specific amount of time or can continue indefinitely depending on what was decided during mediation or litigation. Factors that influence alimony payments include: 

• Economic status 
• Assets 
• Medical conditions 
• Length of the marriage 
• Each person’s earning capacity
• And more 

In cases where couples are unable to agree on alimony, the court will intervene and decide on payment amounts for them.

Modifying or Terminating Alimony Payments

Alimony payments are not always set in stone. If there is a significant change in circumstances, either spouse can request a modification or termination of alimony. Common situations where this can happen include:

• Change in Income: If the paying spouse experiences a significant decrease in income, such as losing a job or being unable to work, they may request a reduction in alimony payments.
• Remarriage or Cohabitation: If the receiving spouse remarries or starts living with a new partner, alimony may be terminated, or payments may be reduced. This is because the receiving spouse’s financial situation could improve.
• Financial Independence of the Receiving Spouse: If the receiving spouse becomes financially independent, alimony payments may no longer be necessary. This could occur if they get a new job or inherit assets.

To modify or terminate alimony, one of the spouses must file a motion with the court, explaining the change in circumstances. The court will review the request and determine if a modification is warranted.

Alimony and Taxes

Understanding how alimony is taxed in Oklahoma is crucial for both the paying and receiving spouse.

• Paying Spouse: In the past, alimony payments were tax-deductible for the paying spouse. However, under the Tax Cuts and Jobs Act, for divorce agreements finalized after December 31, 2018, the paying spouse cannot deduct alimony payments from their taxable income.
• Receiving Spouse: On the other hand, the receiving spouse no longer has to report alimony as taxable income, as of the same tax law change. This can be beneficial to the recipient, but it may also impact the paying spouse's overall tax situation.

It's important for both parties to understand the tax implications and how it will affect their finances after the divorce.

Enforcing Alimony Orders

If the paying spouse fails to comply with the alimony order, there are legal options to enforce the payment. These options include:

• Wage Garnishment: The court can order the paying spouse’s employer to deduct alimony directly from their wages and send it to the receiving spouse.
• Contempt of Court: If the paying spouse refuses to pay alimony, the court may find them in contempt. This can result in fines, additional legal fees, or even jail time.
• Liens and Property Seizure: In extreme cases, the court may place a lien on the paying spouse's property or seize assets to satisfy overdue alimony payments.

It’s important to take legal action quickly if alimony payments are not being made, as delays can complicate enforcement and result in more significant financial strain.

FAQs About Modifying, Taxing, and Enforcing Alimony Payments

• Can alimony be modified if the paying spouse gets a better job? 
  Yes, if the paying spouse’s income increases significantly, the receiving spouse may request a modification of the alimony amount. The court will assess the new circumstances and decide if a modification is appropriate.
• What should I do if my ex-spouse refuses to pay alimony? 
  If your ex-spouse is not complying with the alimony order, you can file a motion with the court to enforce the payment. This may lead to wage garnishment, fines, or other enforcement actions.
• Can I stop paying alimony if my ex-spouse remarries?
  In most cases, if the receiving spouse remarries, the alimony payments may be terminated or reduced. However, the court must be involved in modifying the alimony order, and it will depend on the specific terms of your divorce agreement. Child support obligations, however, are typically not impacted by remarriage.
• How do I know if I qualify for alimony? 
  Qualifying for alimony depends on several factors, including the length of the marriage, the financial need of the dependent spouse, and the paying spouse’s ability to support. Each case is unique, and the court will assess these factors when determining alimony.
• Are alimony payments taxable for the receiving spouse in Oklahoma? 
  No, alimony payments are no longer considered taxable income for the receiving spouse if the divorce agreement was finalized after December 31, 2018. However, the paying spouse cannot deduct alimony payments on their taxes either.
• Can alimony be enforced if the paying spouse lives out of state?
  Yes, alimony orders can be enforced across state lines using the Uniform Interstate Family Support Act (UIFSA). This law allows courts in one state to enforce orders from another state, ensuring that the paying spouse meets their financial obligations. Similarly, prenuptial agreements that address spousal support can also be enforced across state lines under UIFSA, as long as the agreement is legally binding in the state where it was created.
• How long will I need to pay alimony in Oklahoma? The duration of alimony payments depends on factors like the length of the marriage and the recipient spouse’s ability to become self-supporting. For long-term marriages or when the receiving spouse is unable to support themselves, payments may last indefinitely. However, the court will determine the specific duration.

Struggling with alimony payments or seeking a fair agreement? Contact us today at (405) 357-9156 for experienced guidance and personalized support to resolve your alimony matters effectively.