It is common in a marriage for one spouse to stay at home and care for the home and children — if there are children — and the other spouse to work. However, when this couple separates, the stay-at-home spouse may worry about financial support in the form of alimony in Oklahoma once their spouse leaves.
Once the employed spouse leaves, the other spouse may have trouble gaining access to bank accounts, paying bills, or maintaining their residence.
In this case, the court will order temporary spousal support, also known as spousal maintenance. This is not automatic, hiring an experienced family law attorney is crucial for your case and obtaining temporary — and permanent — support.
Spousal Support
Spousal support, also called alimony, is when one spouse or ex-spouse pays a certain amount of money per month to the other. There are several different timeframes that spousal support can take place: During the divorce process, after the divorce is final, or during a legal separation.
A legal separation is different than the separation that occurs prior to completing the divorce process. It is a formal process through the court system.
The underlying purpose of spousal support is to assist the spouse receiving it in maintaining their standard of living during or after the divorce. In Oklahoma law, this concept is viewed as rehabilitative and not meant to be completely permanent.
In the spirit of rehabilitation, spousal support in the form of alimony assists the receiver in reestablishing their livelihood, obtaining employment, education, or another source of funding other than the ex-spouse.
Calculating Temporary Spousal Support
Temporary spousal support tends to be a larger amount than spousal support after the divorce is final. A gradual decline in dependence on the other spouse is an easier process rather than an abrupt halt.
Under Oklahoma law, courts have great discretion in deciding temporary spousal support. There is not a calculation that the judge uses. Rather, the couples’ circumstances are considered.
The judge will look at the whole of the financial status of the couple, including the needs of each spouse and any children, the ability for the supporting spouse to pay the supported spouse, how long the couple were married, and the ability of the supported spouse to actually support themselves. This includes any past employment, education and job prospects.
Requesting Temporary Support
If one spouse depended on the other spouse during marriage for support, it is likely a judge will order temporary support while the divorce process is occurring. It is important to retain an experienced family law attorney so your needs are properly presented to the courts.
Failing to properly represent your needs, which sometimes requires using evidence and testimony, can result in a less than comfortable financial situation. Your family law attorney is experienced in requesting temporary support during a temporary order hearing.
Initial Consultation with a Tulsa Divorce Lawyer
It can be devastating both emotionally and financially if you and your spouse separate. In order to ensure your standard of living remains the same it is important to hire a family law attorney that can request temporary support during the divorce process.
Contact an experienced Tulsa divorce attorney when you need to go through the Oklahoma divorce process.
For a low-cost confidential consultation, call now: (918) 924-5526.