Spousal Support
About
About Spousal Support
Spousal support, also known as alimony, is a court-ordered payment from one spouse to the other after a divorce. It is intended to provide financial support to a spouse who is in need of assistance due to a disparity in income or earning capacity. Spousal support can be awarded in different forms, such as a lump sum payment or ongoing payments, and can be temporary or permanent.
What You Need To Know
The two types of spousal support in Louisiana are interim spousal support and final spousal support. Interim spousal support can be requested when a spouse files a Petition for Divorce. It is awarded for the period of time beginning when the request for spousal support is filed and ends 180 days after the judgment of divorce, unless it is terminated sooner or extended for good cause. Final spousal support, if it is requested and awarded, begins when interim spousal support ends. It is an ongoing or "final" obligation, but the law allows for termination and modification under certain circumstances.
Interim spousal support can be requested when a spouse files a Petition for Divorce in Louisiana. It is awarded for the period of time beginning when the request for spousal support is filed.
In Louisiana, interim spousal support ends 180 days after the judgment of divorce, unless it is terminated sooner or extended for good cause.
Final spousal support is the ongoing or "final" obligation to pay support after interim spousal support ends. To be eligible for final spousal support, a spouse must be free from fault and in need of support. The Court considers various factors, including the income and means of the parties, the length of the marriage, and the standard of living during the marriage, to determine the amount of final support and how long it should be paid.
Final spousal support begins after interim spousal support ends. Interim spousal support is awarded from the date the spouse seeking it files their request with the Court, and it ends 180 days after the judgment of divorce, except that it can be extended for good cause. Once interim spousal support ends, final spousal support may begin if the Court determines that it is appropriate based on the factors considered.
Yes, final spousal support can be terminated or modified under certain circumstances. A spouse can modify, waive, or terminate final spousal support by agreement, but the agreement must be by an authentic act, which means the person receiving support must sign the agreement in the presence of a notary and two witnesses.
Additionally, either kind of support can be modified upon a change in circumstances, such as if the income or need of either spouse changes
Final spousal support terminates upon the death or remarriage of the spouse receiving support, and if the spouse receiving support moves in with another person and they live together in the manner of married couples, the paying spouse may ask the Court to terminate the award of final spousal support.
The Court considers various factors when deciding whether to award spousal support. These factors include:
- The income and means of the parties, including the income from all property and assets.
- The financial obligations of the parties, including any interim allowance or final child support obligation.
- The earning capacity of the parties, including past work history, education, and training.
- 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.
These factors are considered to determine whether a spouse is in need of support and whether the other spouse has the ability to pay support. The Court will also consider the standard of living during the marriage and the needs of each party when determining the amount and duration of spousal support.
The Court determines the amount of spousal support to be awarded based on the needs of the spouse seeking support and the ability of the other spouse to pay support. For interim spousal support, the need of the spouse seeking support is based on their income and monthly expenses, and any child support received by the spouse seeking temporary spousal support will count as income or be considered to reduce expenses. Subtracting the monthly expenses from the total income and child support received will leave the need for the spouse to seek support
For final spousal support, the Court considers the factors mentioned earlier, including the income and means of the parties, the financial obligations of the parties, the earning capacity of the parties, the health and age of the parties, the duration of the marriage, the tax consequences to either or both parties, and 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
The Court will also consider the standard of living during the marriage and the needs of each party when determining the amount and duration of spousal support.
Any money received by the spouse seeking final spousal support will count as income, including but not limited to wages, salaries, bonuses, commissions, royalties, rental income, dividends, severance pay, pensions, interest, trust income, annuities, social security benefits, and disability benefits.
Additionally, any child support received by the spouse seeking final spousal support will also count as income. It's important to note that the Court will consider all sources of income for both parties when determining the amount and duration of spousal support.
How To Ask For Spousal Support
How To Ask For Spousal Support
In Louisiana, spousal support, also known as alimony, can be requested during divorce proceedings or separately after the divorce is finalized.
It's important to remember that spousal support laws and procedures can be complex and can vary depending on individual circumstances. Consulting with an attorney who specializes in family law in Louisiana is essential to navigate the legal process effectively and ensure that your rights are protected.
Steps To Requesting Spousal Support
Louisiana law allows for different types of spousal support, including interim spousal support, final periodic support, and rehabilitative support. You can determine if you are eligible for spousal support based on factors such as your financial need, the other spouse's ability to pay, the length of the marriage, and more.
Prepare the necessary legal documents to initiate the spousal support request. These documents will include a petition or motion for spousal support.
If you are already going through a divorce, you can request spousal support as part of the divorce proceedings. Alternatively, if you are already divorced, you can file a separate action for spousal support.
After filing the necessary documents, you must serve the other party with a copy of the paperwork, providing them with notice of your request for spousal support.
The other party will have the opportunity to respond to your request. This may lead to negotiations, and both parties may attempt to reach an agreement on the terms of spousal support. If an agreement is reached, it can be presented to the court for approval.
If an agreement cannot be reached, the matter may proceed to a court hearing. Both parties will present evidence to support their positions, and the judge will make a determination on spousal support based on Louisiana law.
If the judge decides in your favor, a court order will be issued specifying the amount, duration, and terms of spousal support. It's important to note that Louisiana law allows for the modification or termination of spousal support orders under certain circumstances.
The party ordered to pay spousal support must comply with the court order. Failure to do so can result in legal action for enforcement. The recipient of spousal support should keep records of payments received.
Other Issues To Consider
Other Issues To Consider
These are the other related issues and questions to consider related to spousal support.
Other Issues To Consider
Spousal support has tax consequences for both the paying spouse and the receiving spouse. For the paying spouse, spousal support is tax-deductible, meaning that the paying spouse can deduct the amount of spousal support paid from their taxable income. For the receiving spouse, spousal support is considered taxable income, meaning that the receiving spouse must report the amount of spousal support received as income on their tax return.
It's important to note that child support is not tax-deductible for the paying spouse and is not considered taxable income for the receiving spouse.
The tax consequences of spousal support should be considered when determining the amount and duration of spousal support to be awarded.
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 is a factor that the Court considers when determining the amount and duration of spousal support to be awarded.
Domestic abuse can have a significant impact on the victim's ability to earn income and become financially independent, and the Court will take this into account when awarding spousal support. The Court may award a higher amount of spousal support or a longer duration of spousal support if the victim of domestic abuse requires additional financial support to become self-sufficient.
It's important to note that the Court will consider all relevant factors when determining the amount and duration of spousal support, and the existence of domestic abuse is just one of the factors that will be taken into account.
Any child support obligation is considered a financial obligation of the spouse paying it when determining the amount and duration of final spousal support to be awarded. This means that if a spouse is already paying child support, the Court will take this into account when determining the amount of spousal support to be awarded.
It's important to note that child support is a separate obligation from spousal support and is calculated based on the needs of the child and the income of both parents.
The Court will consider all relevant factors when determining the amount and duration of both child support and spousal support, and the two obligations will be calculated separately
Child custody can have an effect on the amount and duration of spousal support awarded by the Court. The Court will consider the effect of custody of children upon a party's earning capacity when determining the amount and duration of spousal support to be awarded.
For example, if a parent has domiciliary custody of children under the age of 5, they are not expected to be earning an income. However, the Court can also consider whether the custody arrangement limits a party's ability to work certain jobs or earn more money. If a parent is unable to work certain shifts due to the custody arrangement, the Court may take this into account when determining the amount and duration of spousal support to be awarded.
It's important to note that child custody is just one of the factors considered by the Court when awarding spousal support, and the Court will consider all relevant factors when making its decision.