How does alimony work?
Spousal support is not gender-specific. In the past, alimony was given exclusively to women, but that was because fewer women worked outside the home in the 1950s and 60s. Most women do work outside the home these days, and some women actually make more money than the men in their lives.
In Oklahoma, spousal support or alimony is determined by the judge without reference to a set calculator or guidelines. Instead, judges have wide discretion in terms of awarding spousal support to both men and women as part of a divorce. Here is what you need to know about alimony given to men in Oklahoma.
Factors That Influence Alimony Awarded to Men
There are two basic criteria for alimony in Oklahoma. The spouse requesting it must demonstrate a need for it, and the other spouse must have the ability to pay it. Alimony can be temporary, rehabilitative, or permanent, depending on need and ability to pay.
While temporary alimony usually ends when the divorce does, rehabilitative alimony is meant to help the spouse who has perhaps left a job to take care of children. It is meant to help the spouse get back on their feet. Permanent spousal support may be ordered if the marriage was long, the spouse is elderly, or the spouse is unable to work for a different reason.
Again, judges in Oklahoma have wide discretion in terms of awarding spousal support. A judge may look at such factors as:
- The length of the marriage (the longer the marriage, the more likely the alimony)
- Relative earning capacity and ability between spouses (wide differences may point to spousal support)
- Income levels of both spouses and their liabilities (wide differences may point to awarding support)
- Monetary and non-monetary contributions of both spouses during the marriage
- The relative health of the spouses
- The conduct of the parties
- The age of the children and the need to maintain a home for them
A Wagoner family law attorney from Wirth Law Office can help you determine if your specific circumstances may make you eligible for alimony from your ex-wife.
How These Factors Work in Determining Alimony Awarded to Men
It is important to know that a judge can look at these factors or others that may show either a spouse’s need or the other spouse’s ability to pay alimony. It is also important to know that, sometimes, judges have some gender bias against a male receiving support. Thus, the stronger the case, the more likely the support.
When a husband has a strong need for support, that need is tied to the marriage, and the other spouse can pay, then a husband may have a strong case for receiving spousal support.
Here is a scenario in which a court may order alimony for the husband. The husband and wife have been married for 20 years. They have two children nearing college age. The wife is a partner in a law firm. She has made more than $100,000 for the past 16 years while the husband is a part-time teacher.
He takes care of the children and earns approximately $25,000 annually. The couple took out no loans for law school as the husband worked two jobs to help put his wife through law school.
All these factors may be important to a judge when looking at the issue of whether to award spousal support to the husband. If you are wondering about your particular situation, bring your questions to an experienced Wagoner divorce attorney. Get the help you need today.
Initial Strategy Session with a Wagoner Divorce Attorney
Wirth Law Office – Wagoner offers its clients the best possible divorce representation in the Wagoner, Oklahoma area at reasonable rates. Get the help you need.
We invite you to schedule a initial consultation to discuss what we can do for you. Contact Wirth Law Office – Wagoner at (918) 485-0335 to schedule your low-cost strategy session. You can also fill out the form at the top of the page.
