The divorce process involves determining who owns particular assets that a couple acquired while married. The complexities of these legal matters leave many wondering what a spouse is entitled to in a divorce in Oklahoma.
There are likely contentious topics in any divorce. However, finances and property division result in some of the most common and lengthy disputes. The outcome of these disputes can determine the future of both spouses for years down the line. Knowing how to be prepared for dealing with this intricate matter is vital.
What Is a Spouse Entitled to in a Divorce in Oklahoma?
Spouses are entitled to an equitable share of marital property in Oklahoma. Oklahoma is an equitable distribution state. With equitable distribution, the judge decides how assets and debts are split based on what they believe to be fair for the circumstances. Sometimes, this may mean a 50/50 split, but it is often different.
How Do Judges Decide What Is Fair?
Guidelines exist to determine each spouse’s rights to property or their efforts to acquire property. Here are factors a judge might take into account when deciding how property is distributed:
- Ability to work
- Any disabilities
- Primary custody
- Spousal support amount
- Any debts
- Actions that increased or decreased property value
What Happens to the House?
The house is subject to equitable distribution if it was acquired during the marriage. Often, a judge could use discretion to award the house to one spouse and an equal amount of assets to the other. This equal distribution is only possible in certain situations since many people need to own more assets to have this split occur. Therefore, a judge occasionally will rule that the couple must sell the house and divide any proceeds.
Retirement Account Division
Retirement accounts, especially those that started before the marriage, are complicated to navigate in the process of property division. Primarily, enlisting the help of an attorney for proper division is wise.
Can We Decide How to Divide Our Property in Oklahoma?
Couples have the option to work out how they will divide their property. This process usually occurs through mediation or negotiation outside the court system. Deciding outside of the court system is typically encouraged. You will submit the agreement for approval, but as long as it is fair and both spouses agree, a judge will most likely sign off on it.
Reaching a complete agreement on all matters of the divorce before filing means that a couple could qualify for an uncontested divorce, which can be cheaper, quicker, and more accessible than other types of divorce.
Prenuptial agreements also lay out agreed-upon terms regarding property division before a marriage.
How Prenuptial Agreements Work in Oklahoma
Generally, a prenuptial agreement predetermines solutions to issues that would otherwise need to be decided by a judge or negotiated between spouses in a divorce. Agreements can cover many topics, such as:
- Rights to separate or marital property,
- Requests to use or sell property during the marriage,
- Rights to gifts or inheritances of the other spouse,
- Rights to death benefits from the other spouse’s insurance policy,
- Property division in case of death or divorce,
- Possible alimony and its terms in the case of divorce, and
- Family business ownership or management in case of death or divorce.
The prenuptial agreement must be in writing and signed by both spouses before marriage. Once marriage commences, the agreement takes effect and cannot be modified later.
Marital Property in Oklahoma
Marital Property in Oklahoma refers to property the spouses jointly acquired during the marriage. Even if the property is in an individual spouse’s name, it can still be considered marital property. The exceptions are inheritances and individual gifts.
Separate Property in Oklahoma
Marital property does not include gifts and inheritances. Here are some other items that are considered separate property:
- Property one spouse owned previously and continued to maintain as separate after the marriage took place.
- Any increase in value of a spouse’s separate property unless it came from joint efforts or funds. An example is if someone used a joint marital bank account to improve the house one spouse owned before marriage.
- Any income a spouse derived from a separate property like rent, interest, or dividends.
- Compensation received through a personal injury case.
Despite separate property’s lack of inclusion in property division, a judge might still employ division of this property to the custodial spouse when factoring in child support.
When Separate Property Becomes Marital Property
Separate property can become marital property in two different ways:
- Intentionally: a spouse changing an asset to include the other spouse, like a property deed.
- Unintentionally: a spouse mixing assets without understanding the consequences, like depositing separate money into a joint bank account.
FAQs
Q: What Does a Wife Get in a Divorce in Oklahoma?
A: The assets wives receive in Oklahoma are based on what a judge determines is an equitable distribution. These assets are not based on gender but on circumstances and the judge’s discretion. Sometimes, a wife may be designated the marital home. At the same time, other judges may decide the wife receives other assets totaling the home’s value.
Due to the vague guidelines in Oklahoma law, each case is unique and has different results.
Q: What Qualifies You for Alimony in Oklahoma?
A: In Oklahoma, qualifications for spousal support, or alimony, are challenging to assess. Courts have discretion to determine when, how much, and how long a spouse pays spousal support. If one spouse must pay spousal support, they could stop payments when their ex-spouse remarries or if they get a new job.
If you are wondering if you qualify for alimony, contacting experienced Oklahoma City divorce lawyers might provide the answers you are searching for.
Q: Does It Matter Who Files for Divorce First in Oklahoma?
A: Yes, it matters who files for divorce first in Oklahoma. Typically, filing first makes that person the original petitioner. With this designation, that person receives some perceived benefits, such as:
- Delivering their case first at trial can mean they make the first impression on the judge.
- Determining when automatic temporary injunctive relief goes into effect, if applicable
Q: Is Oklahoma a 50/50 State When It Comes to Divorce?
A: No, Oklahoma is not a 50/50 state when it comes to divorce. Community property states or equal distribution states typically divide property 50/50. Oklahoma is an equitable distribution state, meaning property division is according to a judge’s allocation. While there are guidelines that a judge might follow, equitable distribution is up to the judge’s discretion.
Spousal Entitlement in Divorce
Property division in Oklahoma is a complex process, and understanding the details can be challenging. If you are seeking optimal property division results, contact our divorce lawyers at Stange Law Firm, PC.
