Divorce

Spousal support, also known as alimony, is financial support paid by or to your spouse. There are different types of spousal support. Interim periodic support is awarded during the legal process, and final periodic support is awarded at the end of the divorce. To enter an order for either type of support, the judge must believe that:

• you need the support; and
• you are not “at fault” for the divorce.¹

To grant final periodic support, the judge must also consider your spouse’s ability to pay.¹ However, the judge will assume that you should be granted final periodic support if:

• they believe that your spouse committed domestic abuse against you or any of the children; or
• you were granted a divorce based on one of the four fault-based grounds explained in What are the grounds for divorce in Louisiana?²

The judge has a few ways to figure out if your spouse committed domestic abuse. If your spouse was convicted of any crimes against you during the marriage, the judge will look at those convictions. If there aren’t any convictions, the judge can order an evaluation of both parties. The judge’s goal is to determine if there was abuse and, if so, what kind of abuse it was. The evaluation will be done by an independent licensed mental health professional who has experience in the field of domestic abuse. The mental health professional also can’t have any relationship with you, your spouse, or either of your lawyers.³

The judge must then decide how much support you will get and how long the support will last. To make this decision, the judge will consider all relevant factors, including:

1. your and your spouse’s income and finances;
2. the financial obligations you and your spouse have, including any interim support that is ordered or a final child support obligation;
3. how much you and your spouse are capable of earning, including whether having custody of children affects either one’s earning capacity;
4. the time you’ll need to get appropriate education, training, or employment;
5. your and your spouse’s health and age;
6. the length of your marriage;
7. the tax consequences for you and for your spouse; and
8. if your spouse committed domestic abuse against you or any of the children:
   • the effect of such abuse; and
   • the length of time that the abuse went on.⁴ 

Your interim or final periodic spousal support will end if:

• you or your spouse dies;
• you remarry; or
• if a judge decides that you live (“cohabitate”) with someone else in a way similar to a married couple.⁵

¹ La. Civ. Code Art. 111; 112(A)
² La. Civ. Code Art. 112(C)
³ La. Rev. Stat. § 9:327
⁴ La. Civ. Code Art. 112(B)
⁵ La. Civ. Code Art. 115