Understanding Property Division in an Oklahoma Divorce

Mar 19

By Travis Vernier, Esq. – Bennett Vernier, PLLC

One of the most significant issues in a divorce is the division of property and debt. In Oklahoma, courts follow equitable distribution laws, meaning that assets are divided fairly—but not necessarily equally—between spouses.

Understanding how courts classify and distribute property can help you protect your financial future during divorce proceedings.

Marital vs. Separate Property: What’s the Difference?

📌 Marital Property – Assets and debts acquired during the marriage. These typically include:
✔ The family home.
✔ Bank accounts and investments.
✔ Retirement funds and pensions.
✔ Vehicles and personal property.
✔ Debts acquired together (e.g., mortgages, loans, and credit card balances).

📌 Separate Property – Assets owned before the marriage or acquired independently during the marriage through:
✔ Inheritance (even if received while married).
✔ Gifts given solely to one spouse.
✔ Settlements from personal injury lawsuits (excluding compensation for lost wages, which may be marital property).

💡 Important: Separate property can become marital property if it is commingled (e.g., inheritance funds deposited into a joint account and used for marital expenses).

How Oklahoma Courts Divide Marital Property

Oklahoma follows the equitable distribution rule, meaning courts divide marital property based on fairness, not necessarily a 50/50 split. Judges consider factors such as:

✔ Each spouse’s financial contributions to the marriage.
✔ Non-financial contributions (e.g., stay-at-home parents who supported the household).
✔ Each spouse’s future financial needs.
✔ Child custody arrangements and the stability of the custodial parent.

📌 Example: If the children will live primarily with one parent, the court may allow that parent to keep the family home, even if it means receiving more than 50% of the assets.

Can a Prenuptial Agreement Impact Property Division?

Yes. If a couple signed a valid prenuptial agreement, the court will usually divide assets according to that agreement. However, a judge may invalidate a prenup if it is:

🚫 Unfair or one-sided.
🚫 Signed under coercion or fraud.
🚫 Missing proper legal formalities.

💡 Unsure if your prenup is enforceable? A divorce attorney can help you determine its validity.

Alimony & Property Division

In some cases, Oklahoma courts award alimony (spousal support) to a financially disadvantaged spouse.

✔ Alimony can be paid in:

A lump sum (one-time payment).
Monthly installments (for a fixed period or indefinitely).

✔ Factors courts consider when awarding alimony:

The length of the marriage.
Each spouse’s earning potential and ability to support themselves.
The financial and non-financial contributions each spouse made during the marriage.

Division of Pensions, Retirement Accounts & Other Benefits

Retirement funds, pensions, and benefits are also subject to equitable distribution.

📌 How retirement accounts are divided:
✔ Only the portion earned during the marriage is considered marital property.
✔ Some accounts require a Qualified Domestic Relations Order (QDRO) to distribute funds properly.
✔ Courts consider the length of the marriage—longer marriages often result in a larger share of retirement benefits being awarded to the other spouse.