USA – OKLAHOMA Law and Practice Contributed by: Danya Bundy, Aaron Bundy and Catherine Hensley, Bundy
• the parties’ station in life; • the length of the marriage and the ages of the par ‑ ties; • the earning capacity of each spouse; • the parties’ physical condition and financial means; • the mode of living to which each spouse has become accustomed during the marriage; and • evidence of a spouse’s own income-producing capacity and the time necessary to make the tran ‑ sition for self-support. When substantial marital property is awarded, the accompanying claim for spousal support must be supported by proof of excess monetary need to cush ‑ ion the economic impact of transition and readjust ‑ ment to gainful employment. Oklahoma has a “fixed sum” rule, meaning that the court must determine the total amount of spousal support awarded, and there is no indefinite or permanent spousal support. Owing to the variety of factors involved in and the vague nature of both “need” and “ability to pay”, spousal support awards are sometimes viewed as products of the sub ‑ jective whims and philosophies of the individual trial judge. Either spouse may apply for temporary spousal sup ‑ port when a legal separation or dissolution of marriage proceeding is underway. The factors to be consid ‑ ered by the court may be truncated at an interlocutory hearing simply owing to the limitations of time at such a hearing and because discovery may be incomplete. 2.5 Prenuptial and Postnuptial Agreements Prenuptial agreements are briefly referred to in Okla ‑ homa’s statutes as “valid antenuptial contract[s] in writing”. That reference has led to a body of case law upholding prenuptial agreements in a variety of cir ‑ cumstances. Antenuptial agreements are character ‑ ised as “favoured by the law” by Oklahoma’s appellate courts. To be enforceable, an antenuptial agreement must be fair and reasonable, or the challenging spouse must have had a full and fair disclosure of the other’s assets before execution. While independent counsel is not strictly required, the absence of independent legal advice is a significant factor courts weigh when determining whether the agreement was entered into voluntarily and with full knowledge. Antenuptial agree ‑ ments remain the most effective way to deviate from
the subjective nature of spousal support awards and the uncertainty of the “just and equitable” property division standard. Oklahoma law is not clear concerning the validity of postnuptial agreements, as there is a split in authority. Appellate courts have confirmed that spouses may contract with one another, transfer property to one another, and even modify a prenuptial agreement after the marriage. However, at least one appellate decision has held that there is no legal basis for a postnuptial agreement. 2.6 Cohabitation: Division of Assets Between Unmarried Couples Unmarried couples with assets must look to prop ‑ erty law and contract law to determine and enforce their rights. An unmarried individual does not acquire a legal or equitable interest in the property of their romantic partner or significant other simply by vir ‑ tue of cohabitation. Unmarried cohabitants do not acquire any property rights simply by virtue of length of cohabitation, shared children or otherwise. 2.7 Enforcement of Financial Orders Compliance with a financial order for child or spous ‑ al support may be enforced through the applicable provisions of the Uniform Interstate Family Support Act. The Act specifically recognises the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance and the Hague Conference on Private International Law. It also pro ‑ vides for the registration and enforcement of foreign orders, including support orders issued by interna ‑ tional courts. 2.8 Media Access and Transparency in Financial Proceedings Except for cases heard by an arbitrator, divorce pro ‑ ceedings are open to the public. As a result, the media may be present in the courtroom. Local newspapers routinely publish the names of parties when marriage licences are issued and when divorces are granted. The scope of media reporting may be limited for sensi ‑ tive matters, including the identity of minor children, domestic violence victims, and the presentation of medical records.
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