Alimony in Louisiana: Fault, Need, and the One Third Cap

Louisiana does not use the word alimony in its code. It uses spousal support, and it splits it into two very different things. People who confuse them tend to either give up a claim they had or spend a year fighting for one they never could have won.

Interim support: keeping the lights on during the case

Interim periodic support is temporary. Its purpose is to let a spouse who depended on the other’s income maintain something close to the standard of living they had during the marriage while the divorce is pending. The court looks at the needs of the spouse asking, the ability of the other spouse to pay, any interim or final child support obligation, and the standard of living during the marriage.

Fault generally does not determine eligibility for interim support. A spouse who may be considered at fault for purposes of final support may still be eligible for interim support.

Interim support generally ends 180 days after the divorce judgment is rendered. The court may extend it beyond 180 days for good cause shown.

Final support: need, and free from fault

Final periodic support is different in two ways that matter enormously.

First, it is based on need, not on maintaining the marital lifestyle. The question is whether the spouse asking is in need of support, considering that spouse’s needs and the other spouse’s ability to pay.

Second, as a general rule, the spouse asking must have been free from fault before the petition for divorce was filed. In Louisiana, this is a real inquiry. Courts have described legal fault as serious misconduct that was an independent, contributory, or proximate cause of the breakup of the marriage. Examples can include adultery, abandonment, cruel treatment, and habitual intemperance. Ordinary marital disagreements or simply not being completely blameless do not necessarily amount to legal fault.

That rule means adultery or other conduct amounting to legal fault can potentially bar a spouse from final periodic support, depending on the facts and the court’s determination.

The factors a judge weighs

In determining the amount and duration of final support, the court considers relevant factors including the income and means of each spouse, their financial obligations, their earning capacity, the effect of custody of children on a spouse’s ability to work, the time needed to obtain education, training, or employment, the health and age of each party, the length of the marriage, the tax consequences, and the existence, effect, and duration of domestic abuse committed against the claimant or a child of either spouse.

The one-third cap and the exceptions

Final periodic support generally cannot exceed one-third of the paying spouse’s net income. That cap is one of the most important numbers in a Louisiana spousal support case.

Louisiana law provides important exceptions. In certain fault-based divorces under Civil Code 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 support award may exceed one-third of the obligor’s net income and may be awarded as a lump sum.

When support ends or changes

Spousal support is extinguished upon the remarriage of the receiving spouse, the death of either party, or a judicial determination that the receiving spouse has cohabited with another person in the manner of married persons.

An award of interim or final periodic support may also be modified if the circumstances of either party materially change and must be terminated if it has become unnecessary.

Whether a relationship qualifies as cohabitation in the manner of married persons depends on the facts and ultimately requires a judicial determination.

What to do before you file

If you expect to seek final support, conduct before the divorce petition is filed can matter because Louisiana law generally looks at whether the spouse seeking final support was free from fault before filing. Evidence concerning income, expenses, the circumstances surrounding the breakup, and allegations of fault can become important in a support dispute.

The timing of the filing and the evidence available can significantly affect a spousal support claim. Call us at 225-341-6945 to talk through where you stand.