Oklahoma Marital Property Laws

Oklahoma, like most other states, is an equitable division state. During a divorce or legal separation, couples divide marital property evenly, but not always equally. Courts divide property according to each spouse's needs and marital contribution.

Some states, like Texas and California, are community property states. In these states, courts divide marital property 50/50 between divorcing spouses. Every state has its own definition of marital and separate property.

Marital property is all property acquired during a marriage by either spouse. Spouses can make their own prenuptial agreements or other written agreements before a divorce, and Oklahoma courts will accept them—provided they are reasonably fair to both parties.

Note: State laws are subject to change through the passage of new legislation, court rulings (including federal decisions), ballot initiatives, and other means. FindLaw strives to provide the most current information available. You should consult an attorney or conduct your own legal research to verify the state law(s) before making any legal decisions.

Marital Property vs. Separate Property

All property acquired during a marriage becomes marital property. Marital property includes joint assets like the family home and assets acquired in one spouse's name for the benefit of the marriage.

Marital property includes:

• Bank accounts and investment accounts

• Retirement accounts and pension plans

• High-value items like cars and real estate, regardless of the name on the title

• Marital debts and liabilities

• Increase in value to any asset owned by one spouse due to the efforts of either spouse

• Income or wages earned by either spouse during the marriage

Separate property is all property acquired by a spouse before marriage. It’s also personal property acquired during the marriage by:

• Gift or inheritance from a third party to one spouse

• Personal injury settlements

• Property excluded from the marital estate by a prenuptial agreement or other agreement

Through commingling, a spouse's separate property can become a marital asset. For instance, if one spouse buys a car before the marriage, but the car becomes the family vehicle, it’s marital property and part of the division of property during a divorce.

Visit FindLaw's Divorce and Property section to learn more.

Oklahoma Marital Property Laws

Under Oklahoma's equitable distribution laws, courts divide assets as equally as possible based on spouses' financial needs. Judges may consider child support or other payments a spouse receives or pays as part of the property settlement. Other factors include:

• The length of the marriage

• The age and health of each spouse

• Contributions of each spouse to the marital property

• Each spouse's earning potential and education levels

• Child custody and other support obligations

• Tax consequences for both parties

Oklahoma's divorce laws don’t require equal division of property. Division of marital property can be 60/40 if that is the best distribution for the couple. For instance, the judge may decide that the spouse given primary child custody should receive the family residence so that the children can stay in their home. The other spouse would receive an equivalent award of assets but not necessarily an equal share.

Courts divide marital debts and liabilities during the divorce process in the same way as assets. In general, spouses are responsible for 50% of all debt acquired during a marriage. If one spouse has racked up considerable debt in their own name or "dissipated marital funds," known as marital waste, the courts may order that spouse to pay the entire debt.

Research the Law

• Oklahoma Law

• Official State Codes - Links to online statutes in all 50 states and D.C.

Oklahoma Marital Property Laws: Related Resources

• Marriage, Money, and Property

• Oklahoma Divorce Requirements

• Divorce Property Division FAQ

• Guide to Property Division in Divorce (PDF, printable pamphlet)

Get Legal Advice From an Oklahoma Family Law Attorney

Marital property division is a contentious part of any divorce proceeding. Get legal advice about your divorce or prenuptial agreement from an experienced Oklahoma divorce attorney.