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