Oklahoma’s Automatic Temporary Injunction in Divorce
Filing for divorce often triggers immediate anxiety beyond the emotional toll. A primary concern for many is financial security: "Will my spouse empty the joint savings account?" "Will they kick me off the health insurance plan?"
Oklahoma Statutory Injunction
In Oklahoma, the law addresses these fears immediately through a mechanism known as the Automatic Temporary Injunction (ATI). Governed by 43 O.S. § 110, the ATI is a mandatory court order that takes effect by operation of law the moment a divorce petition is filed for the petitioner, and the moment notice is served upon the respondent.
Freeze the Maritcal Estate
The fundamental purpose of the ATI is to "freeze" the marital estate and maintain the status quo. Divorce is a process of untangling a shared life, which takes time. The ATI ensures that neither spouse takes rash actions to gain an unfair financial advantage or hurt the other party before a judge can review the facts and make equitable decisions.
Financial Protections: Stopping the Asset Drain
The ATI acts as an immediate financial pause button intended to preserve the "marital pot" for eventual equitable distribution. Once active, both parties are legally prohibited from concealing, selling, mortgaging, or giving away marital property without written consent. It specifically forbids draining retirement accounts, pension plans, or borrowing against the cash value of life insurance policies. Crucially, it also locks in insurance coverage. Neither party is permitted to cancel or alter existing health, automobile, or life insurance policies, or change insurance beneficiaries. This protects a lower-earning or dependent spouse from being suddenly cut off from vital resources.
Conduct and Child Protections
The protections extend beyond finances to stabilize the family environment. The injunction prohibits spouses from harassing, threatening, or disturbing the peace of the other. If children are involved, the ATI mandates that they remain in their current schools or daycares and generally cannot be permanently removed from the state of Oklahoma without consent or a court order.
Exceptions to the Rule
The law recognizes that life must continue during proceedings. The ATI does allow spending marital funds for the "necessities of life" (such as food, shelter, and utilities), in the "usual course of business," or to pay necessary attorney fees. However, any extraordinary expenditures outside these norms may need to be accounted for later.
Vital Shield
The Automatic Temporary Injunction is a vital shield, providing necessary stability during a volatile time. It is a binding court order, and violating its terms can result in serious consequences, including being held in contempt of court.
Author: Brian J. Boeheim
By: Boeheim Freeman Law - Family Law Attorneys - Tulsa, Oklahoma - 918-884-7791 - onyourworstday.com