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Oklahoma differs in this way from a community property state, where all of the marital property is divided equally.
In Oklahoma divorce cases, the value of property is its current “fair market value,” which is what a buyer would be willing to pay, and a seller willing to accept, for the property on the open market.
With complex valuations, it may be helpful to hire a professional appraiser, business valuator, or other expert to provide a reliable value.
When a pension is earned during the marriage, the court decides what fraction will be given to the other spouse.
A spouse’s access to funds for expensive counsel may create the impression that they can make good on threats.
Fortunately, Oklahoma law protects your rights in a divorce.If the disability payments are meant to replace future wages, the spouse gets to keep them like he or she would normally keep a salary after divorce.If the disability payments are a replacement for retirement benefits, however, those payments can be divided between the spouses.In a divorce, it’s vital to know whether your property is “marital” or “separate;” your separate property remains yours and cannot be divided by a judge, but Oklahoma courts can divide marital property between spouses.