Louisiana Alimony / Spousal Support
Louisiana alimony, also referred to as spousal support is the amount of money one spouse pays to the other, by court order or through agreement of the parties, for support and maintenance.
In Louisiana in a proceeding for divorce or thereafter, the court may award interim periodic support to a party or may award final periodic support to a party who is in need of support and who is free from fault prior to the filing of a proceeding to terminate the marriage.
According to Louisiana Civil Code 231 Art. 231. Basis for granting alimony. Alimony shall be granted in proportion to the wants of the person requiring it, and the circumstances of those who are to pay it.
According to Louisiana CC113 Art. 113. Interim spousal support allowance pending final spousal support award upon motion of a party or when a demand for final spousal support is pending, the court may award a party an interim spousal support allowance based on the needs of that party, the ability of the other party to pay, and the standard of living of the parties during the marriage, which award of interim spousal support allowance shall terminate upon the rendition of a judgment of divorce. If a claim for final spousal support is pending at the time of the rendition of the judgment of divorce, the interim spousal support award shall thereafter terminate upon rendition of a judgment awarding or denying final spousal support or one hundred eighty days from the rendition of judgment of divorce, whichever occurs first. The obligation to pay interim spousal support may extend beyond one hundred eighty days from the rendition of judgment of divorce, but only for good cause shown.Spousal support or maintenance in Louisiana can be awarded based on these factors:
- The income and means of the parties, including the liquidity of such means
- The financial obligations of the parties
- 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 sum awarded under this Article shall not exceed one-third of the obligor's net income
Modification of Alimony in Louisiana
In Louisiana the obligation of final spousal support may be modified, waived, or extinguished by judgment of a court of competent jurisdiction or by authentic act or act under private signature duly acknowledged by the obligee.
Termination of Alimony in Louisiana
The obligation of spousal support terminates upon the remarriage of the spouse receiving support, the death of either party, or a judicial determination that the supported spouse has cohabited with another person of either sex in the manner of married persons.
Louisiana Civil Code can be found here: Louisiana statutes
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