Spousal Support
There are two types of spousal support in Louisiana: interim spousal support and final periodic spousal support.
Interim spousal support may be awarded to a spouse who does not have sufficient income for his/her maintenance pending the divorce. It is designed to maintain the status quo in both spouses’ living conditions, to the extent that this can be accomplished, and it may last up to six months after the date of the divorce. The court’s attempt to maintain the standard of living for the spouse asking for child support is based on what the parties spent during marriage and the ability of the other spouse to pay.
Final spousal support is used to support one of the spouses after the divorce is final and may be awarded only to an ex-spouse who has been found free from fault in the breakup of the marriage. Final spousal support can be awarded after a determination that the spouse requesting the support has a need and the other spouse has the means to provide for that need, however, it is much harder to get under current law than in the past. First, it is calculated to cover just the basic needs of the spouse. This includes food, clothing and shelter. Secondly, it is usually temporary and is only designed to last until the spouse receiving support can get back on their feet, and perhaps, further their education.
Practice Areas
Divorce
Custody
Spousal Support
Child Support
Community Property