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 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. 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 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 service-related 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.
Structure Oklahoma Statutes
§43-3.1. Recognition of marriage between persons of same gender prohibited.
§43-5. Application - Fees - Issuance of license and certificate.
§43-5.1. Premarital counseling.
§43-7. Solemnization of marriages.
§43-8. Endorsement and return of license.
§43-9. Records - Return of original.
§43-10. Evidence before issue of license.
§43-11. Copy of record - Admission as evidence.
§43-14. Penalty for performing unlawful marriage.
§43-15. Miscellaneous offenses - Penalties.
§43-16. Soliciting in or near court house or grounds prohibited.
§43-17. Punishment for violations.
§43-18. Injunction against violations.
§43-102. Residence of plaintiff or defendant.
§43-103. Venue for any action for divorce, annulment of a marriage or legal separation.
§43-104. Personal jurisdiction in certain divorce actions.
§43-104.1. District court referees.
§43-105. Petition and summons.
§43-107.2. Actions where minor child involved - Court-ordered educational program.
§43-107.4. Motion for an emergency custody hearing.
§43-108. Parties in equal wrong - Custody of children - Disposition of property.
§43-109.1. Custody during parents' separation.
§43-109.2. Paternity determination.
§43-109.3. Custody, guardianship or visitation cases - Evidence of domestic abuse.
§43-109.4. Grandparental visitation rights.
§43-109.5. Voluntary relinquishment of physical custody –Presumption.
§43-110. Automatic temporary injunction – Temporary orders.
§43-110.1. Shared parenting - Policy.
§43-110.1a. Oklahoma Child Supervised Visitation Program – Policy – Definitions.
§43-110.2. Blood, saliva, urine or any other tests – Child custody or visitation.
§43-111.1A. Standard visitation schedule – Advisory guidelines.
§43-111.2. Civil action for child stealing.
§43-112. Care and custody of children.
§43-112.1A. Definitions - Child support - Parental rights and duties – Actions and jurisdiction.
§43-112.2A. Parent's right to change child's residence.
§43-112.3. Notice of proposed relocation or change of residence.
§43-112.4. No duty to maintain stepchildren.
§43-112.6. Awarding of attorney fees and costs – Victim of domestic violence or stalking.
§43-112.7. Modification of custody - Military deployment.
§43-112A. Central case registry on IV─-D cases and child support orders.
§43-113. Preference of child – Record of interview.
§43-114. Interest on court-ordered past-due child support payments and payments of suit monies.
§43-115. Order for child support or modification of order - Provision for income assignment.
§43-116. Security, bond or other guarantee for child support.
§43-117. Modification, suspension or termination of order for income assignment.
§43-118. Child support guidelines.
§43-118.1. Review of child support orders - Disclosure of financial status.
§43-118.2. Employer sponsored health care coverage.
§43-118.3. Request for wage and tax information.
§43-118.4. Assignment or transfer of child support benefits – Attorney fees.
§43-118C. Deductions from gross income for qualified other children.
§43-118E. Parenting time adjustment - Reduction in child support obligation.
§43-118F. Medical support order for health care coverage.
§43-118G. Actual annualized child care expenses.
§43-118H. Deviation from guidelines child support amount.
§43-118I. Modification of child support orders.
§43-119. Computation of child support obligations.
§43-120.4. Report of decision.
§43-120.5. Fees - Appointment.
§43-120.7. Court expert - Procedures.
§43-121. Restoration of maiden or former name - Alimony - Division of property.
§43-123. Remarriage and cohabitation - Appeal from judgment.
§43-125. Validation of decrees annulling marriage or granting divorce.
§43-126. Remarriage within six months as ground for annulment.
§43-127. Time when judgments in divorce actions become final - Effect of appeal.
§43-128. Avoidance of marriage of incompetents.
§43-129. Alimony without divorce.
§43-131. Residency in divorce cases.
§43-133. Setting aside of divorce decrees upon petition of parties.
§43-135. Lien for arrearage in child support payments.
§43-139. Legal right to child support.
§43-140. Problem-solving court program - Participation by obligors of state child support plan.
§43-150. Deployed Parents Custody and Visitation Act.
§43-150.2. Custodial responsibility – Jurisdiction - Residency.
§43-150.3. Deployed parent - Exercise of visiting rights by third party.
§43-150.4. Deployment orders - Copy to nondeploying parent.
§43-150.6. Temporary custody orders - Deploying parent privilege.
§43-150.7. Permissible court orders.
§43-150.8. Court-ordered visitation - Appearance at hearing - Rebuttable presumptions.
§43-150.9. Notification of completion of deployment.
§43-150.10. Bad faith - Penalties.
§43-205. Relations cannot be altered by contract - Separation agreements.
§43-206. Mutual consent as consideration for separation agreement.
§43-207. Manner of holding property - Inventory of separate property.
§43-208. Liability for acts and debts of spouse - Curtesy and dower abolished.
§43-209.1. Joint and several liability of husband and wife.
§43-209.2. Parent's liability for value of child's necessaries.
§43-210. Liability on abandonment or separation by agreement.
§43-211. Management, sale or encumbrance of property of one by the other, when.
§43-212. Contracts binding on both - Liability for acts - Suits and proceedings.
§43-213. Order set aside, when.
§43-214. Rights of married women.
§43-413. Payment of support through registry.
§43-421. Authorization of public or private agencies to provide registry - Maximum fee.
§43-423. Court order for participation in registry program.
§43-424. Forms for petition and court order - Modification of visitation rights.
§43-425. Court to hear applications for participation in registry within certain time.
§43-551-103. Proceedings governed by other law.
§43-551-104. Application to Indian tribes.
§43-551-105. International application of act.
§43-551-106. Effect of child custody determination.
§43-551-108. Notice to persons outside state.
§43-551-109. Appearance and limited immunity.
§43-551-110. Communication between courts.
§43-551-111. Taking testimony in another state.
§43-551-112. Cooperation between courts; preservation of records.
§43-551-201. Initial child custody jurisdiction.
§43-551-202. Exclusive, continuing jurisdiction.
§43-551-203. Jurisdiction to modify determination.
§43-551-204. Temporary emergency jurisdiction.
§43-551-205. Notice; opportunity to be heard; joinder.
§43-551-206. Simultaneous proceedings.
§43-551-207. Inconvenient forum.
§43-551-208. Jurisdiction declined by reason of conduct.
§43-551-209. Information to be submitted to court.
§43-551-210. Appearance of parties and child.
§43-551-302. Enforcement under Hague Convention.
§43-551-304. Temporary visitation.
§43-551-305. Registration of child custody determination.
§43-551-306. Enforcement of registered determination.
§43-551-307. Simultaneous proceedings.
§43-551-308. Expedited enforcement of child custody determination.
§43-551-309. Service of petition and order.
§43-551-310. Hearing and order.
§43-551-311. Warrant to take physical custody of child.
§43-551-312. Costs, fees, and expenses.
§43-551-313. Recognition and enforcement.
§43-551-315. Role of district attorney.
§43-551-316. Role of law enforcement.
§43-551-317. Costs and expenses.
§43-551-401. Application and construction.
§43-551-402. Transitional provision.
§43-601-101. Short title - Uniform Interstate Family Support Act.
§43-601-103. Tribunals and support enforcement agency.
§43-601-104. Remedies cumulative.
§43-601-105. Application to support proceedings.
§43-601-201. Bases for jurisdiction over nonresident
§43-601-202. Duration of jurisdiction.
§43-601-203. Initiating and responding tribunal of this state.
§43-601-204. Simultaneous proceedings in another state or foreign country
§43-601-205. Continuing, exclusive jurisdiction - Controlling order
§43-601-206. Request for enforcement of order by tribunal of other state
§43-601-207. Determination of controlling order.
§43-601-208. Child support orders for two or more obligees.
§43-601-209. Credit for payments
§43-601-210. Receipt of evidence from outside the state - Applicable law
§43-601-301. Proceedings under this act.
§43-601-302. Action by minor parent.
§43-601-303. Application of law of this state.
§43-601-304. Duties of initiating tribunal
§43-601-305. Duties and powers of responding tribunal.
§43-601-306. Inappropriate tribunal.
§43-601-307. Duties of support enforcement agency
§43-601-308. Powers of Attorney General.
§43-601-310. Duties of state information agency.
§43-601-311. Petition - Contents and accompanying documents
§43-601-312. Sealing of information.
§43-601-314. Limited immunity of petitioner
§43-601-315. Nonparentage as defense.
§43-601-316. Special rules of evidence and procedure
§43-601-317. Communications between tribunals
§43-601-318. Assistance with discovery.
§43-601-401. Petition to establish support order.
§43-601-402. Responding tribunal.
§43-601-501. Recognition of income-withholding order issued in another state.
§43-601-502. Employer obligations.
§43-601-503. Two or more income-withholding orders.
§43-601-504. Employer's civil liability limited.
§43-601-505. Willful noncompliance
§43-601-506. Contest of order.
§43-601-507. Administrative enforcement of orders.
§43-601-601. Registration of order for enforcement.
§43-601-602. Procedure to register order for enforcement
§43-601-603. Effect of registration for enforcement.
§43-601-604. Law, procedures and remedies to be applied
§43-601-605. Notice of registration of order
§43-601-606. Procedure to contest validity or enforcement of registered order
§43-601-607. Contest of registration or enforcement
§43-601-609. Procedure to register child support order of another state for modification.
§43-601-610. Effect of registration for modification.
§43-601-611. Modification of child support order of another state
§43-601-612. Recognition of order modified in another state.
§43-601-613. Jurisdiction - Applicability of provisions
§43-601-614. Filing of modified child support order.
§43-601-616. Registration of foreign child support orders - Petition for modification.
§43-601-702. Application of article.
§43-601-703. Department of Human Services as designated agency.
§43-601-704. Duties of Department of Human Services
§43-601-706. Registration of support order.
§43-601-707. Contest of a registered convention support order.
§43-601-708. Recognition and enforcement of registered convention support orders - Exceptions
§43-601-709. Severability of convention support orders.
§43-601-710. Recognition and enforcement of registered foreign support agreements - Exceptions.
§43-601-711. Residency of obligee – Jurisdiction - Nonrecognition of order.
§43-601-712. Permissible uses of personal information.
§43-601-713. English translation.
§43-601-801. Grounds for rendition.
§43-601-802. Condition of rendition.
§43-601-901. Uniformity of application and construction.