Alimony: Debts from Wife's criminal activities are not marital debts. Court does not have to consider them in awarding alimony.

THOMPSON v. THOMPSON, 98856, 2005 OK CIV APP 2, ___ P.3d ___, Decided 12/17/2004, Mandate 01/12/2005

Wife engaged in criminal conduct during the marriage involving embezzlement for which she was convicted and required to make restitution. Husband was unaware of Wife's criminal activity. Wife's restitution debt was $400 per month for 24 months.

In her subsequent divorce action, when seeking alimony based upon a needs-based argument, Wife included the $400 in her monthly budget, claiming it to be a marital debt. The trial court "refused to require Husband to pay Wife's restitution debt as support alimony."

The Court of Appeals affirmed the Trial Court finding that debts for criminal activities are not marital debts. The Trial Court, in an equitable proceeding, "was not required to transfer the burden of Wife's criminal liability to the innocent spouse".

In establishing need, the wife's monthly expenses should not include the restitution debt - even though she will have to pay that debt to avoid prison.

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