Property Division

Large Asset Divorce or No Asset Divorce

Oklahoma is among the majority of states which utilize the "equitable distribution" doctrine for property division in an Oklahoma divorce. As such, Oklahoma divorce courts divide marital property equitably, which does not necessarily mean equally. It is essential to hire our attorneys when there is a large amount of assets in a divorce. Property, cash, insurance policies and many other assets need to be protected while considering divorce. Let our divorce lawyers provide the necessary counsel to help protect your assets during the divorce. Don't simply settle until you know the law and how it affects your rights in your particular situation.

The first step in Oklahoma divorce property division is determining what is "separate property" and what is "marital property" under Oklahoma law.

Separate property includes property and money which was owned by the party, or earned by the party, prior to the marriage, property which the party inherited, property gifted to the party, and property which was purchased by a party after filing for divorce. Each party is awarded 100% of their separate property. However, separate property can transmutate into marital property under some circumstances, such as if it is commingled with marital property.

Marital property in Oklahoma is that property acquired during the course of the marriage, with martial industry, regardless of who purchased it or in whose name the title is. Martial property additionally includes any money earned by either party during the marriage, unless the funds were generated from separate property. Marital property will be divided as equally as the court finds just and equitable. Unlike in community property states, in Oklahoma the court has discretion to divide more property to one party than the other, if fairness so dictates.