Oklahoma Divorce Legal Questions

I would think  so.  Unless you had a prenuptial agreement saying otherwise, your marital estate includes all property that was acquired during your marriage (before you separated) as a result of the industry and effort of either party.    It does not include property you owned before the marriage that you have kept separate and not commingled with marital property.  It does not matter in whose name a title is held, if the property was acquired during the marriage with marital funds.  So,it does not matter that you had separate bank accounts.  If you deposited current earnings as received in the bank account, then the bank account is marital property.  In fact, if there was money in the account before marriage, by commingling it with current earnings, it lost its status as separate property.  You didn't say where the 20k came from to purchase the cabin or how it is titled.  If he paid the $20k from separate funds, and titled it in his own name, it is his separate property.  However, the increase in value due to your industry and effort during the marriage is marital property.  In other words, he may be awarded the property itself, but you are entitled to compensated for that increase in value.  If you used pooled funds to acquire it, or jointly titled it, then it is simply marital property The Court will be required to make a fair and equitable division of the marital property.  That is not always the same as an equal division, but most judges start from the premise that equal is what is equitable unless someone can prove otherwise.  For example if one party is frugal and the other runs up credit cards at the casinos and purchasing himself toys or gifts for a girlfriend or other frivolous items, the division might be disportionate in favor of the frugal spouse.  ... Read More

First, Oklahoma is an "equitable distribution" state not a "community property" state.  This means the court is required to make a fair division of property, not an equal division of property.  Having said that, 50-50 is generally considered to be fair unless specific facts show otherwise in a particular case. Second, the division only applies to property acquired during the marriage before permanent separation or filing a divorce action.  If you were married to him the entire time he was working for the employer and earning the retirement, then all of it is subject to a fair division.  If he worked there before you were married, or after the separation, then only the part that accrued during the marriage before separation is "marital property" subject to division.  The 4.5 years you were "together" does not count unless you actually established a common law marriage during this time by intending to be married, living like you were married, and telling others that you were married.... Read More