SPOUSAL SUPPORT
Spousal Support
In Practice Since 1994 | Louisiana State Bar Association Member
In Practice Since 1994Louisiana State Bar Association Member
Pay Spousal Support That Is Within Your Means
If you are unsure about how much spousal support you have to pay or are entitled to receive after your divorce, consult with us at Dawn Mims Law Offices. With over two decades of experience, our attorney will answer all your questions.
There are two types of spousal support in Louisiana - interim spousal support, which is temporary support until the divorce, and permanent periodic support.
Interim Spousal Support
Interim spousal support may be awarded to a spouse who does not have sufficient income for his or her maintenance pending the divorce and is designed to maintain the status quo in both spouses' living conditions to the extent that can be accomplished. Detailed information and proof concerning all living expenses will be needed.
Article 113 - Interim spousal support
- Part A - Upon motion of a party, the court may award a party interim spousal support based on the needs of that party, the ability of the other party to pay, any interim or final child support obligations, and the standard of living of the parties during the marriage. An award of interim spousal support shall terminate 180 days from the rendition of a judgment of divorce, except that the award may extend beyond 180 days, but only for good cause shown.
- Part B - An obligation to pay final periodic support shall not begin until an interim spousal support award has been terminated.
This will extend until six months after the judgment of divorce is rendered.
Permanent Periodic Support
After-divorce or permanent periodic support may be awarded to an ex-spouse who:
- Has been found to be free from fault in the breakdown of the marriage
- Does not have sufficient means for his or her support
This type of spousal support is designed to provide the needy ex-spouse with the basic necessities of life and is not intended to maintain the prior standard of living. As a result, if you are employed, or are employable, you will not be awarded permanent support. Our office has provided you with forms to be completed by you concerning your income and monthly living expenses. Please complete the forms and provide documentation - in the form of canceled checks and bills - to support your income and expenses. We will also need information concerning your spouse's income and employment.
Article 112 - Determination of final periodic support
- Part A - When a spouse has not been at fault prior to the filing of a petition for divorce and is in need of support, based on the needs of that party and the ability of the other party to pay, that spouse may be awarded final periodic support in accordance with Paragraph B of this Article.
- Part B - The court shall consider all relevant factors in determining the amount and duration of final support, including:
- The income and means of the parties, including the liquidity of such means.
- The final obligations of the parties, including any interim allowance or final child support obligation.
- The earning capacity of the parties.
- The effect of custody of children upon a party's earning capacity.
- The time necessary for the claimant to acquire appropriate education, training, or employment.
- The health and age of the parties.
- The duration of the marriage.
- The tax consequences to either or both parties.
- The existence, effect, and duration of any act of domestic abuse committed by the other spouse upon the claimant or a child of one of the spouses, regardless of whether the other spouse was prosecuted for the act of domestic violence.
- Part C - When a spouse is awarded a judgment of divorce pursuant to Article 103(2), (3), (4), or (5), or when the court determines that a party or a child of one of the spouses was the victim of domestic abuse committed by the other party during the marriage, that spouse is presumed to be entitled to final periodic support.
- Part D - The sum awarded under this Article shall not exceed one-third of the obligor's net income. Nevertheless, when support is awarded after a judgment of divorce is rendered pursuant to Article 103(4) or (5), or when the court determines that a party or a child of one of the spouses was the victim of domestic abuse committed by the other party during the marriage, the sum awarded may exceed one-third of the obligor's net income and may be awarded as a lump sum.
These cases are very fact-intensive and will require a lot of financial information. If there is an issue of domestic violence or abuse during the marriage, then the victim of abuse is presumed to be entitled to spousal support.
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