How is property divided in a divorce?

In Oklahoma, property division in a divorce is based on the principle of equitable distribution. This means that all of the marital property, which includes any property acquired by a couple during the marriage, is divided in a way that is fair and equitable. The court will take into account a number of factors when determining how to divide the property, including the length of the marriage, the income and earning ability of each spouse, the contribution of each spouse to the acquisition of the marital property, and any other factors that the court deems relevant. The court will first identify all of the marital property subject to division, and then assign each spouse a net value after all marital debts are subtracted. The court will then decide how to allocate the remaining marital property based on the factors listed above. In doing so, the court will attempt to maintain fairness and equity between the spouses. When making this decision, the court will not consider any non-marital property, which includes any property owned by either spouse prior to the marriage, any gifts or inheritances acquired during the marriage, or any property which was excluded in a prenuptial agreement. Non-marital property is not subject to division in a divorce. In addition, if the court finds that a spouse has improperly disposed of or hidden marital property, it can assign the missing property to the other spouse or assign a cash payment in its place. Overall, Oklahoma law strives to allocate marital property in a fair and equitable manner based on the facts and circumstances of each case.

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