Cohabitation and Oklahoma Divorce: How Living Together Before Marriage Affects the Case

Cohabitation, or living together before marriage, has become increasingly common in today’s society. More and more couples are choosing to move in together before tying the knot. While there are several benefits to cohabitation, there are also potential legal implications that couples should be aware of in the event of a breakup or divorce.

In Oklahoma, the laws regarding divorce and property division can be impacted by whether or not a couple cohabitated prior to getting married. Let’s take a closer look at how living together before marriage can affect a divorce case in Oklahoma.

• Understanding Oklahoma Divorce Laws
• How Cohabitation Can Impact a Divorce Case in Oklahoma
  • Property Division
  • Alimony
  • Child Custody

  Understanding Oklahoma Divorce Laws

  Before delving into how cohabitation impacts divorce cases in Oklahoma, it’s important to understand the state’s laws regarding divorce and property division.

  Oklahoma is an equitable distribution state when it comes to dividing marital assets in a divorce. This means that property and assets acquired during the marriage are typically divided fairly, but not necessarily equally, between the spouses.

  Additionally, Oklahoma allows for both fault and no-fault divorces. In a fault divorce, one spouse must prove that the other spouse did something to cause the end of the marriage (such as adultery, desertion, or cruelty). In a no-fault divorce, neither party needs to prove fault; instead, they must simply state that the marriage is irretrievably broken.

  How Cohabitation Can Impact a Divorce Case in Oklahoma

  Now, let’s explore how living together before marriage can impact a divorce case in Oklahoma.

  Property Division

  The biggest way cohabitation can impact a divorce case in Oklahoma is through property division. Any property purchased or acquired during the cohabitation period may be considered either separate or marital property, depending on the circumstances.

  For example, let’s say a couple lived together for three years before getting married. During that time, they bought a house together and both names are on the deed. In the event of a divorce, the court would likely consider the house marital property and divide it equitably (though not necessarily equally) between the two partners.

  However, if one partner owned the house prior to cohabitation and the other partner never contributed any money towards the mortgage or upkeep of the house, the court may consider the house separate property and award it solely to the original owner.

  Alimony

  In Oklahoma, alimony (also known as spousal support) can be awarded to the lesser-earning spouse if certain conditions are met. In determining whether or not to award alimony, the court considers several factors. One of these factors is the length of the marriage.

  If a couple has been cohabiting for several years before officially getting married, the court may factor in that time when calculating the length of the marriage. This could potentially impact the amount of alimony awarded.

  Child Custody

  In Oklahoma, child custody decisions are made based on the best interests of the child. Living together before marriage generally does not impact child custody decisions, unless there are extenuating circumstances such as abuse or neglect.

  Conclusion

  Overall, it’s important for couples who are cohabiting in Oklahoma to be aware of how their living situation can impact their legal standing in the event of a divorce. It’s advisable for couples to consult with an experienced family law attorney if they have questions or concerns about their legal rights or obligations.