There are two types of spousal support a divorcing couple can receive during the dissolution process in Louisiana. Temporary support is granted during the divorce until the marriage is dissolved and permanent or post divorce spousal support is awarded at the dissolution of the marriage.
One spouse may have given up their employment during their marriage for various reasons, including caring for the house or the children, and this can leave them financially dependent on their spouse. In these situations, when one spouse is not able to maintain him or herself to the same standard of living as they had during the marriage, the court awards temporary spousal support. The aim of this type of support is to maintain each spouse’s status quo as much as possible. Temporary alimony terminates when the marriage is dissolved.
When the spouse needs to be supported post divorce, permanent alimony is awarded. This is awarded to the spouse if they are free from fault and if the other spouse has the ability to pay. The court considers a number of factors when determining the amount of final periodic support, including but not limited to, the income and means of both parties, earning capacity and financial obligations, health and age of the parties and duration of the marriage. The amount awarded will not exceed one-third of the paying spouse’s net income. Support continues until the receiving spouse is no longer needy, remarries, dies or lives with another person as if they were married.
There are a number of factors Louisiana residents need to keep in mind when calculating their future expenses, and it is important to know how to align that with the factors the court considers. When one spouse has given up their income and supported their spouse during the marriage, their needs deserve to be recognized post divorce. It may be beneficial to consult an experienced attorney for guidance.