When Health Problems Affect Your Financial Support After Divorce
Divorces can be financially and emotionally difficult, especially when health problems limit a person’s ability to support themselves. In Oklahoma, alimony—also called support alimony—is money one spouse may be ordered to pay the other after divorce to help with living expenses. When health issues arise, these payments can become critically important.
Support alimony is not automatic; the court looks closely at each person’s needs and the other spouse’s ability to pay. Medical conditions that reduce earning capacity or cause additional expenses can be a strong reason to request or adjust alimony. However, Oklahoma law requires the person asking for alimony to prove their need clearly, including showing medical records or testimony about their condition and how it affects their ability to work. Okla. Stat. tit. 43 § 134.
For example, in Fisher v. Fisher, the court denied an increase in alimony because the wife did not provide enough evidence about her fibromyalgia and related costs. She also had assets she could use and was working part time, but failed to show how long she needed support. Fisher v. Fisher, 2007 OK CIV APP 103, 171 P.3d 917.
Health Challenges and Educational Needs Can Influence Alimony
Sometimes, health issues can affect a spouse’s education or job training, which courts may consider when deciding alimony. In Forristall v. Forristall, the wife sought alimony to complete her education after her husband became a doctor. The court looked at how much education she needed, the cost, and the husband’s ability to pay. The wife had to prove the purpose and amount needed, as well as how long she would need support during this transition. Okla. Stat. tit. 43 § 134; Forristall v. Forristall, 1992 OK CIV APP 64, 831 P.2d 1017.
Proving the financial impact of health-related educational needs can be essential. You may want to consult experienced Bartlesville lawyers who understand how to present this evidence effectively in court.
Separate Property and Special Compensation Do Not Affect Alimony
Oklahoma law excludes certain types of income from consideration in alimony decisions. For example, income from Special Monthly Compensation, which is paid for service-connected disabilities, cannot be counted when deciding support alimony. Okla. Stat. tit. 43 § 134(E). This means that if one spouse receives veteran disability benefits, those funds won’t reduce the other spouse’s alimony.
This distinction is important because some assets or awards, like worker’s compensation or personal injury settlements, may be treated as separate property and not affect alimony amounts. In Spann v. Spann, the husband’s worker’s compensation and personal injury awards were considered his separate property, and the court still ordered him to pay lifetime alimony. Spann v. Spann, 1992 OK CIV APP 150, 852 P.2d 826.
Ability to Pay and Burden of Proof Are Key
In Oklahoma, the spouse asking for alimony must prove two main things: their need for support and the other spouse’s ability to pay. Courts do not follow a fixed formula for alimony amounts but weigh factors like length of marriage, living expenses, and earning capacity. Okla. Stat. tit. 43 § 134; Henley v. Henley, 1967 OK 115, 428 P.2d 258.
If the paying spouse can show they no longer have the funds to support the other, the court may reduce or end alimony payments, as seen in In re Marriage of Janitz, where the husband successfully proved he lacked resources to continue payments. In re Marriage of Janitz, 2013 OK CIV APP 107, 315 P.3d 410.
Support alimony is different from child support, which has its own rules and enforcement processes. If you are dealing with child support issues alongside alimony, a child support collection lawyer can assist with enforcement and modifications.
Modifying Alimony Due to Changing Health or Living Situations
Alimony orders are not permanent and can be modified if circumstances change significantly. Health deteriorations that affect earning ability or financial need may justify a court review. Similarly, voluntary cohabitation or changes in income can trigger modifications as laid out in. Okla. Stat. tit. 43 § 134(C)-(D).
However, it is important to document these changes carefully. Courts will expect clear evidence that supports the need for adjustment, including medical records and financial statements.
Contact Bartlesville Lawyers Today for Support Alimony Guidance
If health-related hardships are affecting your financial situation after divorce, understanding your rights and options can be overwhelming. The Wirth Law Office – Bartlesville is available to help you navigate support alimony questions with care and clarity. If you need legal help, call Wirth Law Office – Bartlesville at 918-213-0950. While no outcome can be guaranteed, knowledgeable legal guidance can make a significant difference in protecting your future.
