Thielenhaus v. Thielenhaus

In Thielenhaus v. Thielenhaus, 1995 OK 5, 890 P.2d 925, the Supreme Court reiterated the rule established by 43 O.S. Supp. 2002 110(D), that either spouse may be required to pay the reasonable expenses of the other as may be just and proper under the circumstances. In making this determination, Thielenhaus v. Thielenhaus directs the trial court to take into account what is just and equitable considering the respective parties and the means and property of each and only grant attorney fees to that litigant who qualifies for the benefit through the process of a judicial balancing of the equities. Id. The Oklahoma Supreme Court adopted a flexible approach in which the date of valuation is to be determined by the trial court after due consideration of all the circumstances of a case. Id. That case involved the valuation of a retirement fund. The husband wanted to use the date of separation; the wife wanted to use the higher date of trial. The Supreme Court approved use of the trial date.