{"data":{"id":"us-ok/okla.-stat.-tit.-43-43-121","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 43, § 43-121","heading":"Restoration of maiden or former name - Alimony - Division","body":"of property.\n\nA. When a dissolution of marriage is granted, the decree shall\n\nrestore:\n\n1. To the wife her maiden or former name, if her name was\n\nchanged as a result of the marriage and if she so desires;\n\n2. To the husband his former name, if his name was changed as a\n\nresult of the marriage and if he so desires.\n\nB. The court shall enter its decree confirming in each spouse\n\nthe property owned by him or her before marriage and the undisposed-\n\nof property acquired after marriage by him or her in his or her own\n\nright. Either spouse may be allowed such alimony out of real and\n\npersonal property of the other as the court shall think reasonable,\n\nhaving due regard to the value of such property at the time of the\n\ndissolution of marriage. Alimony may be allowed from real or\n\npersonal property, or both, or in the form of money judgment,\n\npayable either in gross or in installments, as the court may deem\n\njust and equitable. As to such property, whether real or personal,\n\nwhich has been acquired by the parties jointly during their\n\nmarriage, whether the title thereto be in either or both of said\n\nparties, the court shall, subject to a valid antenuptial contract in\n\nwriting, make such division between the parties as may appear just\n\nand reasonable, by a division of the property in kind, or by setting\n\nthe same apart to one of the parties, and requiring the other\n\nthereof to be paid such sum as may be just and proper to effect a\n\nfair and just division thereof. The court may set apart a portion\n\nof the separate estate of a spouse to the other spouse for the\n\nsupport of the children of the marriage where custody resides with\n\nthat spouse.\n\nC. A servicemember’s portion of Special Monthly Compensation\n\n(SMC) awarded by or from the United States Department of Veterans\n\nAffairs for service-connected loss or loss of use of specific organs\n\nor extremities shall be separate property, not divisible as a\n\nmarital asset nor as community property. For purposes of\n\nidentifying SMC, it is the sole responsibility of the servicemember\n\nto prove with competent evidence what amount of his or her\n\ndisability compensation is SMC.\n\nD. A servicemember's portion of Combat-Related Special\n\nCompensation (CRSC) shall be separate property, not divisible as a\n\nmarital asset nor as community property, if a specific dollar amount\n\nof CRSC can be proved by the servicemember as compensation for\n\ncombat-related loss of limb or loss of bodily function and the CRSC\n\naward was applied for and established prior to the date of the\n\nfiling of the dissolution of marriage action.\n\nE. Pursuant to the federal Uniformed Services Former Spouses'\n\nProtection Act, 10 U.S.C., Section 1408, a court may treat\n\ndisposable retired or retainer pay payable to a military member\n\neither as property solely of the member or as property of the member\n\nand the spouse of the member. If a state court determines that the\n\ndisposable retired or retainer pay of a military member is the sole\n\nand separate property of the military member, the court shall submit\n\nclear and concise written findings of such determination to be\n\nincluded in the decree or final order. If a state court determines\n\nthat the disposable retired or retainer pay of a military member is\n\nmarital property, the court shall submit clear and concise written\n\nfindings of such determination to be included in the decree or final\n\norder and shall award an amount consistent with the rank, pay grade,\n\nand time of service of the member at the date of the filing of the\n\npetition, unless the court finds a more equitable date due to the\n\neconomic separation of the parties.\n\nF. Unless otherwise agreed to by the parties, any division of\n\nan active duty military member's retirement or retainer pay shall\n\nuse the following language:\n\n\"The former spouse is awarded a percentage of the member's\nPage 111\n\nand time of service of the member at the date of the filing of the\n\npetition, unless the court finds a more equitable date due to the\n\neconomic separation of the parties.\n\nF. Unless otherwise agreed to by the parties, any division of\n\nan active duty military member's retirement or retainer pay shall\n\nuse the following language:\n\n\"The former spouse is awarded a percentage of the member's\n\ndisposable military retired pay, to be computed by multiplying fifty\n\npercent (50%) times a fraction, the numerator of which is ____x____\n\nmonths of marriage during the member's creditable military service,\n\ndivided by the member's total number of months of creditable\n\nmilitary service.\"\n\nG. In the case of a member's retiring from reserve duty, unless\n\notherwise agreed by the parties, any division of a reservist's\n\nretirement or retainer pay shall use the following language:\n\n\"The former spouse is awarded a percentage of the member's\n\ndisposable military retired pay, to be computed by multiplying fifty\n\npercent (50%) times a fraction, the numerator of which is\n\n__X____reserve retirement points earned during the period of the\n\nmarriage, divided by the member's total number of reserve retirement\n\npoints earned.\"","path":["OK Code","Title 43"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os43.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"a7d7c337c796c3f6428ce1bf288406111fa49096088e94bf663bae865644a4fe","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-43-43-120.7","next":"us-ok/okla.-stat.-tit.-43-43-122"},"notice":"GroundRules: Original legal text. Not legal advice."}