Is alimony based on need or fault?
In Oklahoma, alimony is typically determined based on need and not on fault. Fault is only considered in divorce cases if the state finds that the issue of fault is relevant in deciding the amount of alimony to be paid. The law considers many factors to determine the amount of alimony, including each person’s financial resources and the duration of the marriage. To determine need, the court looks at the disparity in the couple’s income, as well as if one spouse contributed to the other’s education or training. The court also looks at the standard of living during the marriage, if there is a need for rehabilitative payments, and if there is financial dependence. In Oklahoma, alimony can be paid in a lump sum or in regular payments until death, remarriage of the recipient, or untill the court states that payments should stop. Alimony can also end for other reasons, such as when the paying spouse reaches retirement age. Fault is unlikely to be a factor in determining alimony in many cases, because the law stresses that alimony should be used to provide financial stability and support to a disadvantaged spouse. It is important to remember that fault is typically not considered when determining the amount, duration, or type of alimony awarded in Oklahoma.
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