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Does adultery affect alimony in Louisiana?

| Apr 22, 2015 | Divorce |

The short answer is: It can.

Most states, including Louisiana, have adopted no-fault divorce laws, meaning that one spouse does not have to accuse the other spouse of wrongdoing in order to get a divorce. However, issues like adultery can still effect the outcome of the divorce in the state.

For example, it is more likely that a cheating spouse will be ordered to pay alimony to a non-cheating spouse if that is why the marriage has ended. In other words, the spouse who was not at fault for the divorce is often entitled to alimony, unless the divorce was clearly based on irreconcilable differences.

Issues such as spousal abuse and financial irresponsibility can also be used as grounds to order alimony to be paid to the innocent spouse.

Alimony may also be warranted in cases where one spouse cannot support himself or herself. However, if that spouse is the one who has committed adultery or other wrongdoing, he or she may not be eligible for alimony as a result.

Additionally, in certain situations “alimony” is actually part of the property settlement of the divorce such as when one spouse stayed home to raise the children.

In any case, alimony can be temporary in nature — also known as “interim spousal support” in Louisiana — or it can be more permanent in nature, which the state refers to as “permanent periodic spousal support.” The type of alimony awarded will depend on the individual facts of the case.

Every state treats divorce issues differently, especially when it comes to alimony laws. That’s why it’s important to meet with an experienced attorney in your area who can provide you with sound legal advice.

You can read more about alimony in Louisiana here on our website.

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