How Oklahoma Courts Set Alimony

Oklahoma sets no formula or list of factors for alimony: the court allows what it thinks reasonable, just and equitable, with due regard to the value of the property, so the evidence about needs, ability and the property division shapes the result.

The standard

The court allows the alimony it thinks reasonable and just and equitable, with due regard to the value of the property at the time of the dissolution (43 O.S. 121(B)). Because the statute lists no factors, the evidence the court receives about the spouses’ needs and abilities, the property division and the marriage is what shapes the result.

Evidence that matters

Income and expense records for both spouses, tax returns, evidence of earning capacity and health, the length of the marriage and the standard of living, and the value of the property each spouse receives.

Property and alimony together

Because alimony is allowed “having due regard to the value” of the property, and because the decree may convert part of the payments into a division of property, the two are decided together. See the Oklahoma property division calculator.

Child support

Support alimony paid in a prior case is deducted from gross income for child support, and alimony from someone other than the other parent counts as income. See the Oklahoma child support calculator.

Military pay

In no event may an award of alimony, for support or property, be based on the servicemember’s portion of Special Monthly Compensation from the VA.

Questions to bring to an attorney

Ask what evidence best supports or opposes the amount and how the property division interacts with it.

Next steps

Ask a licensed Oklahoma attorney how the evidence would be presented and test a ceiling in the Oklahoma alimony calculator.

Frequently asked questions

What does an Oklahoma court consider for alimony?

The statute lists no factors; the court sets what it thinks reasonable and just and equitable, with due regard to the property's value.

Does property division affect Oklahoma alimony?

Yes. Alimony is allowed with due regard to the value of the property, and the decree may designate part of the payments as property division.

Is alimony deducted for child support in Oklahoma?

Support alimony paid in a prior case is deducted from gross income for child support.

Can VA disability compensation be used for Oklahoma alimony?

An award cannot be based on a servicemember's portion of Special Monthly Compensation.

Where do I find Oklahoma alimony law?

In 43 O.S. 121 and 134.

Official sources

Going through a divorce or custody case in Oklahoma?

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Talk to an Oklahoma attorney

This is general information, not legal advice. It is based on the cited Oklahoma statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Oklahoma attorney.