This is an agreement in which Spouse A (the spouse who is ordered by the court to make alimony and/or child support payments to Spouse B) must put assets (the principal) in a trust, from which the payments are made to Spouse B.
This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
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Typically the higher-earning spouse will pay spousal support to the lower-earning, receiving spouse. Payments will be based on the receiving spouse's need for support and the paying spouse's ability to pay, factors such as gender will not be considered in the decision to award alimony.
In Oklahoma there are two types of alimony (1) support alimony and (2) property division alimony. Support alimony is awarded to provide the receiving party with some level of financial assistance while they transition post-divorce. Support alimony can be paid as a lump sum or through installments.
So as far as what happens if you don't pay your spouse support, worst case scenario, you get thrown into jail on contempt. In the best-case scenario, you demonstrate that you don't have the ability to pay and you file for a modification to try to get it changed.
In Oklahoma, the division of assets in a divorce is based on the principle of ?equitable distribution.? This means that the court will divide the marital property in a manner that is fair and just, but not necessarily equal.
Although there is no hard and fast rule for how long a marriage must last before alimony is available, a good general rule is two or so years. There is also no specific rule for the duration of the alimony award. My experience is that most Oklahoma divorce judges order one year for each three years married.
Alimony in lieu of property division is a type of property division that is determined based primarily on the value of marital property. Like alimony, this type of property division is intended to account for and to mitigate income disparity between the spouses.
However, Oklahoma law does not allow for permanent alimony awards that will last indefinitely. Instead, a Judge may award a total set amount of money, often known as a money judgment, that the paying spouse may pay in monthly installments or as one lump sum.
