Legal Question in Family Law in Oklahoma

Divorce Modification

My husbands wife divorced him after 16 yrs of marriage. In the divorce they used her attorney, it was an uncontested divorce. My husband paid all the utilites at the home where she contiuned to live until the house sold. When the house sold the note was paid and all remaining funds went to her. My husband took all the other debt, mainly credit cards and a time share. My husband gave her 1000.00 a month for the 1st year(was not in decreed in divorce). He also paid to have her ''new house'' appraised before she purchased it. During the whole time he also paid for her vehicle, gas, maintence, insurance, and a cell phone. He told her he would continue paying all the vehicle expenses until it(vehicle) was paid for. The vehicle paid off in August, the ex wife now states that he is supposed to pay all expenses as long as she owns the vehicle. (the expenses have been 300-1000 per month) When we looked at the divorce papers it doesn't say ''until vehicle is paid for''. Does that mean he is to continue paying as long as she owns the vehicle?

Also my husband had a business at the time of the divorce, but it was heavily in debt, now it is profitable, can she ask for a modification of the divorce to receive part of the profit?


Asked on 9/09/08, 10:47 am

1 Answer from Attorneys
Wayne Allison Allison Legal, LLC

Re: Divorce Modification

The divorce decree, and interpretation of it, is the key. If it's clear he can quit paying the $300 to $1000 monthly expenses, then he could stop paying; but if it's not clear and he stops paying, she may sue. For this decision you may want to get an attorney to spend some time looking at it and better understanding the whole situation.

As for the company, just because it is now profitable does not automatically entitle her to any of its profits. She would have to argue she is entitled based on some provision in the decree, and/or that because of her work towards the business during the marriage she is entitled to the fruits of that labor. Again, you may want to consider an attorney for review and advice on this one also.

Remember, the decree will be the first consideration, and that the goal of a divorce is to make an "equitable" division, not an "equal" division of property and assets.

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Answered on 9/09/08, 11:04 am


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