Oklahoma § 43-134 - Alimony payments - Designation of support and property

§ 43-134. Alimony payments - Designation of support and property

payments - Termination of support - Cohabitation by former spouse Modification of support - Active military pay - Disposable retired

or retainer military pay.

A. In any dissolution of marriage decree which provides for

periodic alimony payments, the court shall plainly state, at the

time of entering the original decree, the dollar amount of all or a

portion of each payment which is designated as support and the

dollar amount of all or a portion of the payment which is a payment

pertaining to a division of property. The court shall specify in

the decree that the payments pertaining to a division of property

shall continue until completed. Payments pertaining to a division

of property are irrevocable and not subject to subsequent

modification by the court making the award. An order for the

Oklahoma Statutes - Title 43. Marriage and Family

payment of money pursuant to a dissolution of marriage decree,

whether designated as support or designated as pertaining to a

division of property shall not be a lien against the real property

of the person ordered to make such payments unless the court order

specifically provides for a lien on real property. An arrearage in

payments of support reduced to a judgment may be a lien against the

real property of the person ordered to make such payments.

B. The court shall also provide in the dissolution of marriage

decree that upon the death or remarriage of the recipient, the

payments for support, if not already accrued, shall terminate. The

court shall order the judgment for the payment of support to be

terminated, and the lien released upon the presentation of proper

proof of death of the recipient unless a proper claim is made for

any amount of past-due support payments by an executor,

administrator, or heir within ninety (90) days from the date of

death of the recipient. Upon proper application the court shall

order payment of support terminated and the lien discharged after

remarriage of the recipient, unless the recipient can make a proper

showing that some amount of support is still needed and that

circumstances have not rendered payment of the same inequitable,

provided the recipient commences an action for such determination,

within ninety (90) days of the date of such remarriage. Any

modification of alimony payments shall be effective upon the date of

the filing of the requested modification.

C. The voluntary cohabitation of a former spouse with a member

of the opposite sex shall be a ground to modify provisions of a

final judgment or order for alimony as support. If voluntary

cohabitation is alleged in a motion to modify the payment of

support, the court shall have jurisdiction to reduce or terminate

future support payments upon proof of substantial change of

circumstances of either party to the dissolution of marriage

relating to need for support or ability to support. As used in this

subsection, the term cohabitation means the dwelling together

continuously and habitually of a man and a woman who are in a

private conjugal relationship not solemnized as a marriage according

to law, or not necessarily meeting all the standards of a common-law

marriage. The petitioner shall make application for modification

and shall follow notification procedures used in other dissolution

of marriage decree modification actions. The court that entered the

dissolution of marriage decree shall have jurisdiction over the

modification application.

D. Except as otherwise provided in subsection C of this

section, the provisions of any dissolution of marriage decree

pertaining to the payment of alimony as support may be modified upon

proof of changed circumstances relating to the need for support or

ability to support which are substantial and continuing so as to

make the terms of the decree unreasonable to either party.

Oklahoma Statutes - Title 43. Marriage and Family

Modification by the court of any dissolution of marriage decree

pertaining to the payment of alimony as support, pursuant to the

provisions of this subsection, may extend to the terms of the

payments and to the total amount awarded; provided however, such

modification shall only have prospective application.

E. In no event shall an award of alimony, whether designated

for support or for property division, be based on the

servicemember's portion of any Special Monthly Compensation (SMC)

award from the United States Department of Veterans Affairs.

F. Pursuant to the federal Uniformed Services Former Spouses'

Protection Act, 10 U.S.C., Section 1408, a court may treat

disposable retired or retainer pay payable to a military member

either as property solely of the member or as property of the member

and the spouse of the member. If a state court determines that the

disposable retired or retainer pay of a military member is the sole

and separate property of the military member, the court shall submit

clear and concise written findings of such determination to be

included in the decree or final order. If a state court determines

that the disposable retired or retainer pay of a military member is

marital property, the court shall submit clear and concise written

findings of such determination to be included in the decree or final

order and shall award an amount consistent with the rank, pay grade,

and time of service of the member at the date of the filing of the

petition, unless the court finds a more equitable date due to the

economic separation of the parties.

G. Unless otherwise agreed to by the parties, any division of

an active duty military member's retirement or retainer pay shall

use the following language:

"The former spouse is awarded a percentage of the member's

disposable military retired pay, to be computed by multiplying fifty

percent (50%) times a fraction, the numerator of which is ____x____

months of marriage during the member's creditable military service,

divided by the member's total number of months of creditable

military service."

H. In the case of a member's retiring from reserve duty, unless

otherwise agreed by the parties, any division of a reservist's

retirement or retainer pay shall use the following language:

"The former spouse is awarded a percentage of the member's

disposable military retired pay, to be computed by multiplying fifty

percent (50%) times a fraction, the numerator of which is

__X____reserve retirement points earned during the period of the

marriage, divided by the member's total number of reserve retirement

points earned."

I. The provisions of subsection D of this section shall have

retrospective and prospective application with regards to

modifications for the purpose of obtaining support or payments

pertaining to a division of property on dissolution of marriage

Oklahoma Statutes - Title 43. Marriage and Family

decrees which become final after June 26, 1981. There shall be a

two-year statute of limitations, beginning on the date of the final

dissolution of marriage decree, for a party to apply for division of

disposable retired or retainer pay.

J. The provisions of subsections C and D of this section shall

have retrospective and prospective application with regards to

modifications of the provisions of a final judgment or order for

alimony as support, or of a dissolution of marriage decree

pertaining to the payment of alimony as support, regardless of the

date that the order, judgment, or decree was entered.

K. Notwithstanding any other provision of this section, a court

shall not consider disability compensation received by a party from

the United States Department of Veterans Affairs for service-related

injuries for any purpose. Additionally, the court shall not offset

any service-related disability income with other assets of the

military member. However, if there is an increase in servicerelated disability income as a result of the veteran having

dependents, that increase may be included in divorce calculations.

Added by Laws 1965, c. 344, § 1. Amended by Laws 1967, c. 328, § 1;

Laws 1968, c. 161, § 1, emerg. eff. April 11, 1968; Laws 1976, c.

61, § 1; Laws 1979, c. 278, § 1; Laws 1983, c. 86, § 1, operative

Nov. 1, 1983; Laws 1985, c. 188, § 1, eff. Nov. 1, 1985; Laws 1987,

c. 130, § 1, emerg. eff. June 3, 1987. Renumbered from § 1289 of

Title 12 by Laws 1989, c. 333, § 1, eff. Nov. 1, 1989. Amended by

Laws 1991, c. 113, § 5, eff. Sept. 1, 1991; Laws 1992, c. 252, § 4,

eff. Sept. 1, 1992; Laws 2008, c. 407, § 11, eff. July 1, 2009; Laws

2012, c. 261, § 3, emerg. eff. May 15, 2012; Laws 2012, c. 334, § 2,

eff. Nov. 1, 2012; Laws 2017, c. 274, § 1, eff. Nov. 1, 2017.