USA – OKLAHOMA Law and Practice Contributed by: Danya Bundy and Aaron Bundy, Bundy Law
was the result of efforts, funds or skills of either spouse during the marriage. Spousal contribu - tions are distinguished from economic factors or market forces unrelated to efforts of labour. The burden of proof is on the non-owning spouse claiming a share of an in-marriage increase in separate property value to show the value of the property at the time of the marriage, the value at the time of trial, and that the enhance - ment was the result of effort by either spouse as opposed to economic conditions or circum - stances beyond the parties’ control. Courts have broad discretion to divide and allo - cate marital assets and funds. Property may be divided in kind or require payments necessary to effect a fair division. Even when property has been determined to be one spouse’s separate, non-marital property, the court may invade that separate property for alimony or child support payments. While there are some disclosure obligations early in a divorce or annulment case, the disclosure requirements generally pertain to income and debt. Each spouse is entitled to engage in the full range of discovery permitted by the rules of civil procedure, including written discovery requests to the other party, depositions of wit - nesses, and subpoenas. The court can enforce discovery requests and subpoenas, but it will rarely involve itself in the discovery process in the absence of a request by one of the parties. Divorce courts recognise the concept of trusts. Oklahoma statutes provide that provisions in favour of a spouse in an express trust are revoked in the event of a divorce. 2.4 Spousal Maintenance Courts have broad authority to award spousal support (alimony) in divorce proceedings. Okla -
homa does not have a fixed mathematical for - mula for calculating spousal support. Broadly, alimony may be awarded on a temporary or final basis when one spouse demonstrates both a financial need for support and that the other spouse has the ability to pay the needed support. Spousal support claims are highly fact- sensitive. Appellate courts have recognised the following factors: • demonstrated need during the post-matrimo - nial economic readjustment period; • the parties’ station in life; • the length of the marriage and the ages of the parties; • 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-produc - ing capacity and the time necessary to make the transition for self-support. When substantial marital property is awarded, the accompanying claim for spousal support must be supported by proof of excess mon - etary need to cushion the economic impact of transition and readjustment to gainful employ - ment. Oklahoma has a “fixed sum” rule, mean - ing 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 subjective whims and philosophies of the individual trial judge. Either spouse may apply for temporary spousal support when a legal separation or dissolution
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