Distribution of Property in Oklahoma

Oklahoma is among the 41 states that divide marital property through a process called equitable distribution. This means that the marital property and assets must be divided in a fair manner, not necessarily an equal one, between the divorcing spouses.

What Does the Court Consider?

In making a determination of which property should go where, the court will review several factors, including:

• The way each spouse contributed to the marriage
• Length of the marriage
• Age and health of each spouse
• Each spouse’s earning potential
• Child care costs
• Tax consequences
• Debt, also known as liabilities

Dividing Debt

The court will review all debt or liabilities that the divorcing couple has and determine if it is marital or separate. If it is marital, it will be divided equitably between the spouses.

How is property distributed or divided in a divorce in Oklahoma?

Oklahoma uses equitable distribution. Equitable distribution does not necessarily mean equal, but it means that the property will be split in a way that is fair and reasonable. The fairness factor depends on the length of the marriage, how much you have contributed to the marriage and the needs of each spouse after the divorce. It’s important to keep in mind that only the marital property will be considered in this distribution and any separate property will remain in the hands of whoever it belonged to prior to the marriage. And, of course, like everything else there are exceptions to this. If you have children, the court may consider your separate property to help with the support of the children. And also if there is a lot of separate property but very little marital property, the court could take the separate property into consideration under certain circumstances.