Divorce Alimony in Louisiana

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During the painful incidence of marital dissolution, the spouses suffer a lot due to financial and emotional setback. The disintegration of the family is accompanied by division of assets and the earnings of partners. It may happen that some individuals find it difficult to survive after getting separated, due to unemployment or low-income jobs. Thus, spousal maintenance is an option for these spouses to obtain temporary or permanent assistance from the partner. Every state treats this issue differently, by taking the laws and regulations into consideration. Divorce alimony in Louisiana is granted on the basis of specific statues in family laws of this state.

Often, spousal maintenance is a part of a legal procedure of termination of marriage. If the spouses are taking an uncontested divorce, they may opt for an agreement over this issue and submit it into the court. The legal system will approve such accession after studying it thoroughly. A couple may take some help from mediators or lawyers in order to draft a legal document relating to this issue. However, if the partners fail to make such arrangement, the matter will be solved by the court.

Issues contemplated by the court prior to granting Divorce Alimony in Louisiana

The court takes the decisions regarding which spouse is eligible, what amount must be paid and for what period it must be paid. The various issues considered by the court are as follows:

  • The amount that is awarded as spousal support should not exceed one third of the net income of the payer. If the amount is paid in advance, such condition would not apply as it is a one-time payment.
  • The period of marital life.
  • The age and health of both the spouses.
  • The period required for the attainment of proper education and employment by the partner seeking maintenance. Such employment should be of satisfactory and sufficient nature.
  • What is the impact of custody of children on the earning potential of the custodian? Whether the spouse is unable to opt for a job due to responsibilities and duties of parenting.
  • The present earning capacity of both partners. Also, the future capability and possibility to achieve higher position in current employment is considered.
  • Do the parties have any financial obligations? If yes, details regarding the same.
  • The requirements of both parties.
  • The property division details of the case. Which partner is getting higher share of the property? Is this amount enough to satisfy his or her requirements?

Types of Divorce Alimony in Louisiana

There are two common types of spousal support in this state can be described as follows:

Temporary support

  • This money is given to that spouse who lacks adequate money for survival while the divorce case is pending.
  • The most crucial factor from the perspective of the court is the standard of living that was experienced by the spouses in marital life.
  • This support is also called "Alimony Pending Litigation" or "Alimony Pendente Lite"

Permanent maintenance

  • This is also known as "Post Divorce Spousal Support."
  • This may be granted to an ex spouse after it is concluded that this spouse is free of the 'fault' that led to the dissolution of the marriage.
  • The spouse must not be having any additional income that is sufficient to satisfy the necessary needs.
  • If the paying spouse is at fault to cause the divorce, it does not affect the decision of the court.
  • This state has not defined hard, statutory rules that identify 'faults' for the purpose of spousal maintenance. The court takes some guidance from the civil code and some precedents of the previous cases to determine 'marital guilt'. The Louisiana Civil Code Article 103 comprises of some of the factors that comprise of 'fault.'
  • It is mandatory that the spouse requesting support must furnish evidence that he/she is free of 'fault.'
  • If the needy spouse is voluntarily unemployed or underemployed, and hence lacks sufficient means for self dependency, the court might assign income to this spouse that is above his/her actual income.

Termination of Louisiana Alimony

  • Temporary Support may be stopped after the dissolution of the marriage takes place
  • Permanent payment may be closed down, when the recipient-
    • Dies
    • Remarries
    • Resides with another person openly as if both were married
    • Is no longer needy.

Modification of Alimony

In this state, payment of spousal support can be altered when there is a material modification in the circumstances. Such a modification may happen if the need of the recipient or the paying capacity of the payer changes. For such alteration, the spouse should provide enough evidence of the changed circumstances over the period.

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