Oklahoma § 43-121 - Restoration of maiden or former name - Alimony - Division

§ 43-121. Restoration of maiden or former name - Alimony - Division

of property.

A. When a dissolution of marriage is granted, the decree shall

restore:

1. To the wife her maiden or former name, if her name was

changed as a result of the marriage and if she so desires;

2. To the husband his former name, if his name was changed as a

result of the marriage and if he so desires.

B. The court shall enter its decree confirming in each spouse

the property owned by him or her before marriage and the undisposed-

Oklahoma Statutes - Title 43. Marriage and Family

of property acquired after marriage by him or her in his or her own

right. Either spouse may be allowed such alimony out of real and

personal property of the other as the court shall think reasonable,

having due regard to the value of such property at the time of the

dissolution of marriage. Alimony may be allowed from real or

personal property, or both, or in the form of money judgment,

payable either in gross or in installments, as the court may deem

just and equitable. As to such property, whether real or personal,

which has been acquired by the parties jointly during their

marriage, whether the title thereto be in either or both of said

parties, the court shall, subject to a valid antenuptial contract in

writing, make such division between the parties as may appear just

and reasonable, by a division of the property in kind, or by setting

the same apart to one of the parties, and requiring the other

thereof to be paid such sum as may be just and proper to effect a

fair and just division thereof. The court may set apart a portion

of the separate estate of a spouse to the other spouse for the

support of the children of the marriage where custody resides with

that spouse.

C. A servicemember’s portion of Special Monthly Compensation

(SMC) awarded by or from the United States Department of Veterans

Affairs for service-connected loss or loss of use of specific organs

or extremities shall be separate property, not divisible as a

marital asset nor as community property. For purposes of

identifying SMC, it is the sole responsibility of the servicemember

to prove with competent evidence what amount of his or her

disability compensation is SMC.

D. A servicemember's portion of Combat-Related Special

Compensation (CRSC) shall be separate property, not divisible as a

marital asset nor as community property, if a specific dollar amount

of CRSC can be proved by the servicemember as compensation for

combat-related loss of limb or loss of bodily function and the CRSC

award was applied for and established prior to the date of the

filing of the dissolution of marriage action.

E. 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,

Oklahoma Statutes - Title 43. Marriage and Family

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.

F. 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."

G. 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."

R.L.1910, § 4969. Amended by Laws 1975, c. 350, § 1, eff. Oct. 1,

1975; Laws 1976, c. 154, § 1; Laws 1985, c. 39, § 1, emerg. eff.

April 19, 1985. Renumbered from § 1278 of Title 12 by Laws 1989, c.

333, § 1, eff. Nov. 1, 1989. Amended by Laws 1992, c. 252, § 3,

eff. Sept. 1, 1992; Laws 2006, c. 311, § 5, emerg. eff. June 8,

2006; Laws 2012, c. 261, § 2, emerg. eff. May 15, 2012; Laws 2012,

c. 334, § 1, eff. Nov. 1, 2012.