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1 STATE OF OKLAHOMA
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2 1st Session of the 60th Legislature (2025)
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3 SENATE BILL 829 By: Deevers
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4
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5
5
6 AS INTRODUCED
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7 An Act relating to divorce; amending 43 O.S. 2021,
7 Sections 101, 107.2, and 121, which relate to grounds
8 for divorce, educational program, and division of
8 property; modifying permissible grounds for divorce;
9 updating statutory language; modifying requirements
9 for certain educational program; requiring court to
10 consider degree of fault when entering certain
10 orders; requiring court to order establishment of
11 trust fund under certain circumstances; establishing
11 requirements for trust fund; requiring designation of
12 executor; prohibiting certain access to trust fund;
12 providing exception; authorizing access to trust fund
13 upon attainment of certain age; requiring safeguards
13 to protect against unauthorized withdrawals;
14 establishing penalties; authorizing modification of
14 executor; providing for codification; and providing
15 an effective date.
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16
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17 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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18 SECTION 1. AMENDATORY 43 O.S. 2021, Section 101, is
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19 amended to read as follows:
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20 Section 101. The district court may grant a divorce for any of
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21 the following causes:
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22 First. Abandonment including: desertion for one (1) year,
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23 habitual drunkenness, gross neglect of duty, or insanity for a
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24 period of five (5) years. In the case of insanity, the person must
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Req. No. 1343 Page 1
1 have been admitted to a state institution for the insane in this
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2 state or another state or a private sanitarium and received a poor
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3 prognosis for recovery. No divorce shall be granted by reason of
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4 insanity before a thorough examination of the insane person is
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5 conducted by three physicians, one of whom shall be a superintendent
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6 of a state institution or sanitarium in which the insane person was
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7 admitted, and the other two shall be appointed by the court. If any
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8 two of the three physicians agree that such insane person, at the
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9 time the petition in the divorce action is filed, has a poor
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10 prognosis for recovery, a divorce shall be granted; however, no
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11 divorce shall be granted based on the provisions of this section to
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12 any person whose husband or wife is an inmate of a state institution
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13 in another state unless the person applying for such divorce shall
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14 have been a resident of this state for at least five (5) years prior
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15 to the commencement of a divorce action. A decree granted based on
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16 the provisions of this section shall not relieve the successful
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17 party from contributing to the support and maintenance of the
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18 defendant. The court shall appoint a guardian ad litem to represent
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19 the insane defendant, whose appointment shall be made at least ten
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20 (10) days before any decree is entered.
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21 Second. Adultery.
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22 Third. Impotency.
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23 Fourth. Unknown pregnancy. When the wife at the time of her
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24 marriage was pregnant by another than her husband unbeknownst to
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Req. No. 1343 Page 2
1 him, or when the husband at the time of his marriage had impregnated
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2 another woman other than his wife unbeknownst to her.
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3 Fifth. Fourth. Extreme cruelty.
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4 Sixth. Fifth. Fraudulent contract.
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5 Seventh. Incompatibility. Provided, however, where the
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6 interest of a child under eighteen (18) years of age is involved,
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7 the adult parties shall attend an educational program concerning the
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8 impact of divorce on children as provided in subsection B of Section
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9 107.2 of this title.
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10 Eighth. Habitual drunkenness.
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11 Ninth. Gross neglect of duty.
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12 Tenth. Imprisonment of the other party in a state or federal
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13 penal institution under sentence thereto for the commission of a
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14 felony at the time the petition is filed.
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15 Eleventh. Sixth. The procurement of a final divorce decree
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16 without this state by a husband or wife which does not in this state
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17 release the other party from the obligations of the marriage.
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18 Twelfth. Insanity for a period of five (5) years, the insane
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19 person having been an inmate of a state institution for the insane
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20 in the State of Oklahoma, or inmate of a state institution for the
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21 insane in some other state for such period, or of a private
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22 sanitarium, and affected with a type of insanity with a poor
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23 prognosis for recovery; provided, that no divorce shall be granted
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24 because of insanity until after a thorough examination of such
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Req. No. 1343 Page 3
1 insane person by three physicians, one of whom shall be a
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2 superintendent of the hospital or sanitarium for the insane in which
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3 the insane defendant is confined, and the other two to be appointed
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4 by the court before whom the action is pending, and any two of such
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5 physicians shall agree that such insane person, at the time the
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6 petition in the divorce action is filed, has a poor prognosis for
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7 recovery; provided, further, however, that no divorce shall be
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8 granted on this ground to any person whose husband or wife is an
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9 inmate of a state institution in any other than the State of
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10 Oklahoma, unless the person applying for such divorce shall have
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11 been a resident of the State of Oklahoma for at least five (5) years
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12 prior to the commencement of an action; and provided further, that a
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13 decree granted on this ground shall not relieve the successful party
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14 from contributing to the support and maintenance of the defendant.
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15 The court shall appoint a guardian ad litem to represent the insane
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16 defendant, which appointment shall be made at least ten (10) days
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17 before any decree is entered.
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18 SECTION 2. AMENDATORY 43 O.S. 2021, Section 107.2, is
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19 amended to read as follows:
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20 Section 107.2. A. Except as provided in subsection B of this
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21 section, in In all actions for divorce, separate maintenance,
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22 guardianship, paternity, custody, or visitation, including
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23 modifications or enforcements of a prior court order, where the
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24 interest of a child under eighteen (18) years of age is involved,
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Req. No. 1343 Page 4
1 the court may require all adult parties to attend an educational
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2 program concerning, as appropriate, the impact of separate parenting
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3 and coparenting on children, the implications for visitation and
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4 conflict management, development of children, separate financial
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5 responsibility for children, and such other instruction as deemed
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6 necessary by the court. The program shall be educational in nature
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7 and not designed for individual therapy.
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8 B. In actions for divorce based upon incompatibility filed on
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9 or after November 1, 2014, where the interest of a child under
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10 eighteen (18) years of age is involved, the adult parties shall
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11 attend, either separately or together, an educational program
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12 concerning the impact of divorce on children. The An educational
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13 program shall include the following components:
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14 1. Short-term and longitudinal effects of divorce on child
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15 well-being;
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16 2. Reconciliation as an optional outcome;
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17 3. Effects of family violence;
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18 4. Potential child behaviors and emotional states during and
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19 after divorce including information on how to respond to the child's
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20 needs;
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21 5. Communication strategies to reduce conflict and facilitate
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22 cooperative coparenting; and
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23 6. Area resources, including, but not limited to, nonprofit
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24 organizations or religious entities available to address issues of
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Req. No. 1343 Page 5
1 substance abuse or other addictions, family violence, behavioral
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2 health, individual and couples counseling, and financial planning.
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3 Program attendees shall be required to pay a fee of not less than
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4 Ten Dollars ($10.00) and not more than Sixty Dollars ($60.00) to the
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5 program provider to offset the costs of the program. The fee may be
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6 waived by the court if an attendee uses a qualified program that is
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7 provided free of charge. Nothing in this paragraph shall prohibit a
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8 third party from paying the fee to the program provider for an
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9 attendee. A certificate of completion shall be issued upon
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10 satisfying the attendance and fee requirements of the program, and
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11 the certificate of completion shall be filed with the court. The
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12 program provider shall carry general liability insurance and
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13 maintain an accurate accounting of all business transactions and
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14 funds received in relation to the program. The program shall be
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15 completed prior to the temporary order or within forty-five (45)
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16 days of receiving a temporary order. However, and in all events, a
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17 final disposition of child custody shall not be granted until the
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18 parties complete the program required by this subsection. The court
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19 may waive attendance of the program for good cause shown which shall
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20 include, but not be limited to, where domestic violence, stalking,
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21 or harassment as defined by paragraph 2 of subsection I of Section
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22 109 of this title occurred during the marriage.
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23 C. Each judicial district may adopt its own local rules
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24 governing the programs.
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1 D. The Administrative Office of the Courts may enter into a
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2 memorandum of understanding with a state entity or other
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3 organization in order to compile data including, but not limited to,
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4 the number of actions for divorce that were dismissed after
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5 participating in the program, the number of programs that were
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6 completed, and the number of program participants for each fiscal
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7 year. The report shall include data collected from each judicial
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8 district. The report shall be published on the Administrative
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9 Office of the Courts website and electronically distributed to the
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10 Governor, Speaker of the House of Representatives, Minority Leader
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11 of the House of Representatives, President Pro Tempore of the
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12 Senate, and Minority Leader of the Senate.
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13 SECTION 3. AMENDATORY 43 O.S. 2021, Section 121, is
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14 amended to read as follows:
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15 Section 121. A. When a dissolution of marriage is granted, the
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16 decree shall restore:
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17 1. To the wife her maiden or former name, if her name was
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18 changed as a result of the marriage and if she so desires; and
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19 2. To the husband his former name, if his name was changed as a
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20 result of the marriage and if he so desires.
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21 B. The court shall enter its decree confirming in each spouse
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22 the property owned by him or her before marriage and the undisposed-
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23 of property acquired after marriage by him or her in his or her own
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24 right. Either spouse may be allowed such alimony out of real and
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Req. No. 1343 Page 7
1 personal property of the other as the court shall think reasonable,
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2 having due regard to the value of such property at the time of the
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3 dissolution of marriage. Alimony may be allowed from real or
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4 personal property, or both, or in the form of money judgment,
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5 payable either in gross or in installments, as the court may deem
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6 just and equitable. As to such property, whether real or personal,
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7 which has been acquired by the parties jointly during their
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8 marriage, whether the title thereto be in either or both of said the
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9 parties, the court shall, subject to a valid antenuptial contract in
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10 writing, make such division between the parties as may appear just
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11 and reasonable, by a division of the property in kind, or by setting
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12 the same apart to one of the parties, and requiring the other
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13 thereof to be paid such sum as may be just and proper to effect a
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14 fair and just division thereof. The court may set apart a portion
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15 of the separate estate of a spouse to the other spouse for the
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16 support of the children of the marriage where custody resides with
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17 that spouse. In all orders entered pursuant to this section, the
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18 court shall consider the degree of harm caused by a party, or both
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19 parties, held at fault for the dissolution of the marriage.
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20 C. A servicemember's portion of Special Monthly Compensation
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21 (SMC) awarded by or from the United States Department of Veterans
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22 Affairs for service-connected loss or loss of use of specific organs
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23 or extremities shall be separate property, not divisible as a
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24 marital asset nor as community property. For purposes of
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Req. No. 1343 Page 8
1 identifying SMC, it is the sole responsibility of the servicemember
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2 to prove with competent evidence what amount of his or her
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3 disability compensation is SMC.
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4 D. A servicemember's portion of Combat-Related Special
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5 Compensation (CRSC) shall be separate property, not divisible as a
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6 marital asset nor as community property, if a specific dollar amount
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7 of CRSC can be proved by the servicemember as compensation for
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8 combat-related loss of limb or loss of bodily function and the CRSC
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9 award was applied for and established prior to the date of the
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10 filing of the dissolution of marriage action.
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11 E. Pursuant to the federal Uniformed Services Former Spouses'
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12 Protection Act, 10 U.S.C., Section 1408, a court may treat
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13 disposable retired or retainer pay payable to a military member
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14 either as property solely of the member or as property of the member
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15 and the spouse of the member. If a state court determines that the
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16 disposable retired or retainer pay of a military member is the sole
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17 and separate property of the military member, the court shall submit
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18 clear and concise written findings of such determination to be
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19 included in the decree or final order. If a state court determines
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20 that the disposable retired or retainer pay of a military member is
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21 marital property, the court shall submit clear and concise written
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22 findings of such determination to be included in the decree or final
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23 order and shall award an amount consistent with the rank, pay grade,
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24 and time of service of the member at the date of the filing of the
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Req. No. 1343 Page 9
1 petition, unless the court finds a more equitable date due to the
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2 economic separation of the parties.
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3 F. Unless otherwise agreed to by the parties, any division of
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4 an active duty military member's retirement or retainer pay shall
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5 use the following language:
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6 "The former spouse is awarded a percentage of the member's
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7 disposable military retired pay, to be computed by multiplying fifty
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8 percent (50%) times a fraction, the numerator of which is ____x____
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9 months of marriage during the member's creditable military service,
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10 divided by the member's total number of months of creditable
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11 military service."
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12 G. In the case of a member's retiring from reserve duty, unless
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13 otherwise agreed by the parties, any division of a reservist's
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14 retirement or retainer pay shall use the following language:
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15 "The former spouse is awarded a percentage of the member's
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16 disposable military retired pay, to be computed by multiplying fifty
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17 percent (50%) times a fraction, the numerator of which is
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18 __X____reserve retirement points earned during the period of the
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19 marriage, divided by the member's total number of reserve retirement
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20 points earned."
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21 SECTION 4. NEW LAW A new section of law to be codified
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22 in the Oklahoma Statutes as Section 121.1 of Title 43, unless there
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23 is created a duplication in numbering, reads as follows:
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24 A. Trust Fund Requirement.
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Req. No. 1343 Page 10
1 In addition to other child support and alimony ordered by the
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2 court, in cases where a divorce is granted on the basis of fault,
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3 the court shall order the at-fault parent to establish a trust fund
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4 for the benefit of each child within the marriage being dissolved.
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5 The trust fund shall be:
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6 1. Established within sixty (60) days of the final divorce
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7 decree;
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8 2. Funded in an amount determined by the court, taking into
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9 account the at-fault parent's financial capacity and the child's
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10 needs; and
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11 3. Created with the sole purpose of supporting the child's
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12 welfare, education, health, and general needs.
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13 B. Executor Prior to the Child Turning Eighteen.
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14 The court shall designate an executor for the trust fund until
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15 the child reaches the age of eighteen (18). The court shall:
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16 1. Give priority to the non-at-fault parent to serve as the
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17 executor of the trust;
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18 2. Assess the fitness and capacity of the non-at-fault parent
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19 to serve in such role, considering factors such as financial
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20 responsibility, moral character, and ability to act in the best
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21 interests of the child; and
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22 3. Retain the discretion to appoint another suitable individual
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23 as executor if the non-at-fault parent is deemed unfit for this
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24 responsibility. Such alternative executors may include:
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Req. No. 1343 Page 11
1 a. a family member,
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2 b. a professional trustee or fiduciary, or
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3 c. another individual or entity deemed appropriate by the
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4 court.
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5 C. Executor Upon the Child Turning Eighteen.
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6 Upon reaching the age of eighteen (18), the child shall
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7 automatically become the sole executor of his or her trust fund,
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8 with full authority to manage and use the funds for his or her
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9 benefit.
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10 D. Restriction on Trust Fund Withdrawals Until the Child
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11 Reaches Age Eighteen.
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12 1. No funds shall be withdrawn from the trust fund until the
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13 child for whom the trust was established reaches the age of eighteen
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14 (18).
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15 2. Funds may only be accessed prior to the child reaching age
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16 eighteen (18) to cover emergency expenses essential to the child's
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17 immediate health or safety as determined by the court. Such
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18 withdrawals shall be limited to the amount necessary to address the
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19 specific medical or safety emergency.
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20 E. Access Upon Reaching Age Eighteen.
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21 Upon reaching the age of eighteen (18), the child shall gain
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22 full control of his or her respective trust fund and may use the
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23 funds at his or her discretion.
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24 F. Safeguards Against Unauthorized Withdrawals.
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Req. No. 1343 Page 12
1 The trust fund shall be held in a secured account with
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2 restrictions to prevent unauthorized access or withdrawals.
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3 All financial institutions managing the trust fund shall be
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4 provided with a copy of the court order establishing these
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5 restrictions and shall not permit withdrawals without court
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6 authorization. Any attempt to withdraw or access trust fund money
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7 in violation of this section shall result in:
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8 1. Contempt of court proceedings against the violator; and
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9 2. Restitution to the trust fund for any misappropriated
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10 amounts plus additional sanctions up to fifty percent (50%) of the
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11 amount misappropriated as deemed appropriate by the court.
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12 G. Penalties for Noncompliance.
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13 Failure by the at-fault parent to establish or adequately fund
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14 the trust within the specified time frame shall result in:
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15 1. Contempt of court proceedings; and
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16 2. Additional financial penalties as determined by the court.
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17 H. Modification of Executor Designation.
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18 The court reserves the right to modify the designation of the
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19 executor prior to the child turning eighteen (18) based on changes
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20 in circumstances or upon a motion from an interested party, provided
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21 such changes are in the best interests of the child.
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22 SECTION 5. This act shall become effective November 1, 2025.
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24 60-1-1343 TEK 1/19/2025 5:44:13 AM
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Req. No. 1343 Page 13Every fact on this page links to its source, starting with the official bill record.