{"data":{"id":"us-ok/okla.-stat.-tit.-43-43-134","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 43, § 43-134","heading":"Alimony payments - Designation of support and property","body":"payments - Termination of support - Cohabitation by former spouse -\n\nModification of support - Active military pay - Disposable retired\n\nor retainer military pay.\n\nA. In any dissolution of marriage decree which provides for\n\nperiodic alimony payments, the court shall plainly state, at the\n\ntime of entering the original decree, the dollar amount of all or a\n\nportion of each payment which is designated as support and the\n\ndollar amount of all or a portion of the payment which is a payment\n\npertaining to a division of property. The court shall specify in\n\nthe decree that the payments pertaining to a division of property\n\nshall continue until completed. Payments pertaining to a division\n\nof property are irrevocable and not subject to subsequent\n\nmodification by the court making the award. An order for the\n\npayment of money pursuant to a dissolution of marriage decree,\n\nwhether designated as support or designated as pertaining to a\n\ndivision of property shall not be a lien against the real property\n\nof the person ordered to make such payments unless the court order\n\nspecifically provides for a lien on real property. An arrearage in\n\npayments of support reduced to a judgment may be a lien against the\n\nreal property of the person ordered to make such payments.\n\nB. The court shall also provide in the dissolution of marriage\n\ndecree that upon the death or remarriage of the recipient, the\n\npayments for support, if not already accrued, shall terminate. The\n\ncourt shall order the judgment for the payment of support to be\n\nterminated, and the lien released upon the presentation of proper\n\nproof of death of the recipient unless a proper claim is made for\n\nany amount of past-due support payments by an executor,\n\nadministrator, or heir within ninety (90) days from the date of\n\ndeath of the recipient. Upon proper application the court shall\n\norder payment of support terminated and the lien discharged after\n\nremarriage of the recipient, unless the recipient can make a proper\n\nshowing that some amount of support is still needed and that\n\ncircumstances have not rendered payment of the same inequitable,\n\nprovided the recipient commences an action for such determination,\n\nwithin ninety (90) days of the date of such remarriage. Any\n\nmodification of alimony payments shall be effective upon the date of\n\nthe filing of the requested modification.\n\nC. The voluntary cohabitation of a former spouse with a member\n\nof the opposite sex shall be a ground to modify provisions of a\n\nfinal judgment or order for alimony as support. If voluntary\n\ncohabitation is alleged in a motion to modify the payment of\n\nsupport, the court shall have jurisdiction to reduce or terminate\n\nfuture support payments upon proof of substantial change of\n\ncircumstances of either party to the dissolution of marriage\n\nrelating to need for support or ability to support. As used in this\n\nsubsection, the term cohabitation means the dwelling together\n\ncontinuously and habitually of a man and a woman who are in a\n\nprivate conjugal relationship not solemnized as a marriage according\n\nto law, or not necessarily meeting all the standards of a common-law\n\nmarriage. The petitioner shall make application for modification\n\nand shall follow notification procedures used in other dissolution\n\nof marriage decree modification actions. The court that entered the\n\ndissolution of marriage decree shall have jurisdiction over the\n\nmodification application.\n\nD. Except as otherwise provided in subsection C of this\n\nsection, the provisions of any dissolution of marriage decree\n\npertaining to the payment of alimony as support may be modified upon\n\nproof of changed circumstances relating to the need for support or\n\nability to support which are substantial and continuing so as to\n\nmake the terms of the decree unreasonable to either party.\n\nion C of this\n\nsection, the provisions of any dissolution of marriage decree\n\npertaining to the payment of alimony as support may be modified upon\n\nproof of changed circumstances relating to the need for support or\n\nability to support which are substantial and continuing so as to\n\nmake the terms of the decree unreasonable to either party.\n\nModification by the court of any dissolution of marriage decree\n\npertaining to the payment of alimony as support, pursuant to the\n\nprovisions of this subsection, may extend to the terms of the\n\npayments and to the total amount awarded; provided however, such\n\nmodification shall only have prospective application.\n\nE. In no event shall an award of alimony, whether designated\n\nfor support or for property division, be based on the\n\nservicemember's portion of any Special Monthly Compensation (SMC)\n\naward from the United States Department of Veterans Affairs.\n\nF. 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\nG. 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\nH. 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.\"\n\nI. The provisions of subsection D of this section shall have\n\nretrospective and prospective application with regards to\n\nmodifications for the purpose of obtaining support or payments\n\npertaining to a division of property on dissolution of marriage\n\ndecrees which become final after June 26, 1981. There shall be a\n\ntwo-year statute of limitations, beginning on the date of the final\n\ndissolution of marriage decree, for a party to apply for division of\n\ndisposable retired or retainer pay.\n\nJ. The provisions of subsections C and D of this section shall\n\nhave retrospective and prospective application with regards to\n\nmodifications of the provisions of a final judgment or order for\n\nalimony as support, or of a dissolution of marriage decree\n\npertaining to the payment of alimony as support, regardless of the\n\ndate that the order, judgment, or decree was entered.\netired or retainer pay.\n\nJ. The provisions of subsections C and D of this section shall\n\nhave retrospective and prospective application with regards to\n\nmodifications of the provisions of a final judgment or order for\n\nalimony as support, or of a dissolution of marriage decree\n\npertaining to the payment of alimony as support, regardless of the\n\ndate that the order, judgment, or decree was entered.\n\nK. Notwithstanding any other provision of this section, a court\n\nshall not consider disability compensation received by a party from\n\nthe United States Department of Veterans Affairs for service-related\n\ninjuries for any purpose. Additionally, the court shall not offset\n\nany service-related disability income with other assets of the\n\nmilitary member. However, if there is an increase in service-\n\nrelated disability income as a result of the veteran having\n\ndependents, that increase may be included in divorce calculations.","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":"3922ce21010884c9a8d271afe30817f49ec63c648dcc667abada52a6516cfa68","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-43-43-133","next":"us-ok/okla.-stat.-tit.-43-43-135"},"notice":"GroundRules: Original legal text. Not legal advice."}