This article originally appeared as a Gavel to Gavel guest column in the Journal Record on Feb. 19, 2025.
Daisy S. Borders
Alimony, sometimes called spousal support, is a frequently litigated issue in divorce cases, and one of the questions I am asked most frequently is “how much will I have to pay?” Unfortunately, that is a question that cannot be answered with any certainty – leading to the real question of this article: Do we need reformation of alimony laws in Oklahoma?
Historically, alimony laws were primarily focused on providing financial support to women who were economically dependent on their husbands. This is no longer the case. As societal and economic conditions have evolved, courts have shifted to more gender-neutral applications of alimony and have further adopted the concept of rehabilitative alimony, where the support is intended to help the recipient become financially independent – not enable one party to live on the other party’s support indefinitely.
During divorce proceedings, alimony is determined at two different periods. The first is at the Temporary Order Hearing, which temporarily sets alimony to support the recipient spouse during the interim of the divorce proceedings. The second is the final award of alimony, which is determined at Trial. Of course, the parties can always agree to the amount of alimony, avoiding an appearance in court.
There are myriad factors that courts will consider, such as:
- Length of the marriage;
- Income disparity between spouses;
- Education and employability of the recipient spouse; and,
- Contributions to the marriage, including homemaking and child-rearing.
However, Oklahoma does not have a set formula for calculating alimony, and at the end of the day, Oklahoma courts are primarily considering (1) the receiving spouse’s need for support and (2) the paying spouse’s ability to pay, leaving the amount and period of payment largely at the discretion of the courts.
Because there is no specific formula for calculating alimony, there is a general lack of predictability and consistency in alimony awards. The uncertainty in support awards is a leading cause of stress for both parties when navigating a divorce because both parties are unable to fully comprehend their future financial situation while the divorce is pending, and instead, both parties are trapped in a holding pattern.
Overall, Oklahoma courts and alimony laws have evolved to reflect changing societal norms, but more permanent reformation is still needed. While there are multiple solutions to this continuing problem, the most effective would likely be for the legislature to implement a standardized formula for calculating alimony and place clearer limits on the duration of spousal support, particularly in short-term marriages.
About the author:
Daisy S. Borders is a civil and family law attorney whose practice includes litigation of relationships with domestic violence and abuse, high-conflict custody dynamics, and complex property valuation.
CONTACT: dsborders@phillipsmurrah.com | 405.606.4744.
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