Spousal Support & Alimony

Lafayette Spousal Support & Alimony Attorneys

 In Louisiana, alimony is not automatically granted in every divorce case. Whether alimony is awarded depends on various factors, including the length of the marriage, the financial circumstances of each spouse, and their respective needs. Courts evaluate the specific details of each case to determine if alimony is appropriate and, if so, the amount and duration of the payments.

If you believe you are owed alimony in your divorce, you must formally request it through the court. If you are the intended alimony payor, you must contest your spouse’s request through the court. These cases require judicial intervention where the parties cannot agree on the matter.

At LeJeune & Associates, we represent individuals seeking and contesting this financial support. We work to provide a compelling case supported by evidence to back up your claim, whether for or against an alimony award. Our family law attorney has over a decade of legal experience in protecting the rights of individuals and crafting legal strategies to advance their best interests. We are committed to helping you secure a fair and just resolution. 

Connect with LeJeune & Associates at (337) 607-1908 or contact us online for a case assessment with an attorney. We serve clients throughout Acadiana.

The Value of Legal Representation in Alimony Cases

Trying to navigate the matter of alimony without legal representation can be challenging and risky. You could find yourself disadvantaged through unfamiliarity with the law and an inability to fully support your case. At LeJeune & Associates, we can evaluate the specifics of your case and offer professional insight into whether you are likely to be awarded alimony or required to pay it and the potential amounts involved. 

Family law is complex and constantly evolving. We stay updated on legal changes and can help you avoid potential pitfalls and costly errors. Our knowledge, skills, and emotional support during a stressful time can help you maintain a focused and clear-headed approach to your case. 

What Our Clients Say About Working With Us

Honest Feedback from People We’ve Helped
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    Through this process they always kept me up to date on what was going on with my case and never left me wondering what was happening next. 

    - Shannon D.

Types of Alimony in Louisiana

Louisiana law generally recognizes only two types of spousal support:

  • Interim spousal support – This is a type of temporary support usually awarded during a divorce proceeding and for a limited period of time after the divorce is finalized. This is usually done to allow the spouse with lower earning potential to either receive training, complete education, or obtain gainful employment.
  • Final periodic support – This is a permanent, ongoing support obligation that is typically awarded when one spouse simply does not have a practical or feasible path to obtain the earnings capability to maintain the lifestyle that they had during the marriage. This is generally rare, but more common in cases involving wealthier or older couples.

Alimony is typically only awarded if one spouse files a motion requesting it during the case. However, requesting eligibility does not guarantee that alimony will be granted, only that the judge will take it into consideration. 

Determining Interim Spousal Support

When determining if one spouse should receive interim spousal support, Louisiana law indicates that the judge should consider a number of important factors, including: 

  • The standard of living shared during the marriage
  • The requesting spouse’s circumstances and needs once the divorce is finalized
  • The paying spouse’s ability to provide this support
  • Any additional obligations, such as child support or custody

According to Article 113(A) of the Louisiana Civil Code, interim spousal support orders should last no more than 180 days from the date of the final judgment unless the requesting spouse is able to show good cause for extending this limitation. Essentially, this means that the requesting spouse needs to have a good reason for the award to continue, and ultimately, this determination is up to the judge’s discretion.

Determining Final Periodic Spousal Support

Final periodic spousal support awards are an entirely different matter. According to Article 112(A) of the Louisiana Civil Code, there are three things that go into determining if a requesting spouse qualifies to receive it:

  • The requesting spouse needs the support
  • The paying spouse has the ability to do so continuously
  • The requesting spouse was not “at fault” for the divorce

“Fault” in a divorce is often a sticky and contentious subject, and there is often a lot of disagreement in these cases, especially when alimony may be involved. While Louisiana courts do not require the requesting party to be perfectly blameless or innocent, a spouse who engages in any misconduct that directly leads to the collapse of the marriage may be ruled ineligible for final periodic support. This misconduct is not limited to what Louisiana law defines as grounds for a fault-based divorce, such as domestic violence or marital infidelity.

For paying spouses, Louisiana law limits final periodic spousal support payments to no more than one-third of their net income. 

Determining Alimony Length & Amounts

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