Understanding Alimony Termination in Oklahoma
Hello, my name is Dillan Savage of Wirth Law Office – Oklahoma City. We will be discussing today how alimony can be terminated by either the death or the remarriage of the recipient who receives alimony.
If the individual that is receiving alimony, the recipient, dies, you can request, you can motion for the court to terminate their alimony payments. Most of the time, and what should happen all of the time, is that there should be specific language in the decree that says that alimony payments shall terminate upon the death or remarriage of a party.
Terminating Alimony Payments Upon Death
Now if the individual dies, you are going to want to motion the court for the termination of the alimony payments. This is usually a straightforward process if you are up to date with your alimony payments. However, if you owe alimony, there is a possibility that the executor of the estate of the deceased individual could go after you for any alimony that you have not paid up to this point.
The executor could request those owed alimony payments from the estate, but they do have a period that they must meet to request those funds. This timeline is crucial and should be kept in mind when dealing with alimony obligations after a recipient’s death.
Alimony Termination Due to Remarriage
If the recipient remarries, you can again request a termination of alimony payments. This should also be addressed in the final decree regarding these payments. The individual can object to the termination of the alimony payments, but they must demonstrate that there hasn’t been any change in their financial need or the circumstances that justified the alimony in the first place.
Proving a lack of change in need can be quite difficult for someone who has just remarried, as it is common to see an increase in income and lifestyle improvements in such situations. Therefore, the burden of proof lies heavily on the recipient to justify the continuation of alimony.
Further Exploration and Resources
If you want to look into this a little bit more by yourself, you can refer to Title 43, Section 134, Subsection B for more detailed information regarding alimony laws in Oklahoma. My name is Dillan Savage of Wirth Law Office, and thank you for watching.
If you found this video to be helpful or you think it could help someone else, please visit theoklahomacityattorney.com. Thank you.
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