Alimony/Interim and Final Spousal Support
Experienced Louisiana Family Law Attorneys Fighting for Your Rights
Mansfield Melancon’s family law attorneys always strive to get the best outcome possible for our clients fighting for their rights when facing difficult divorce issues. Of all the long-term relationships we experience throughout our lives, family ties are often the most private, enduring, and emotional. As most can attest, however, these relationships are rarely free from conflict. Mansfield Melancon’s family law attorneys provide personal and individualized attention and advice that clients need and deserve during what may be the most difficult times of their lives.
In Louisiana, there are two forms of “alimony”: Interim and Final Spousal Support. Alimony, or spousal support, is a financial tool that couples use during a divorce. One spouse is obligated to pay another a certain amount of financial support after the divorce takes place and the court determines this amount after considering a number of factors including the party's ability to earn money currently and in the future, their ages and health, how long the parties were married and the conditions that led up to the divorce. Louisiana allows for both long term and temporary spousal support or alimony.
Interim spousal support is any support paid while a demand for final spousal support is pending typically this is paid before the divorce is granted. In determining whether or not to award interim spousal support the court will consider:
- The needs of the party with lesser income
- The ability of the party with greater income to pay support
- The standard of living of the parties during the marriage.
Interim spousal support will either terminate once a judgment awarding or denying final periodic spousal support is rendered or one-hundred and eighty days after the judgment of divorce, whichever occurs first. If the party is able to show good reason, the court may extend interim spousal support beyond the one hundred and eighty-day limit. Any obligation for final periodic spousal support will not begin until interim spousal support has ceased.
FINAL SPOUSAL SUPPORT
Final spousal support may be awarded in situations where a spouse has not been at fault for the demise of the marriage and is in need of support.
There are several factors that the court will look at to determine whether or not to award final periodic spousal support. These factors include:
- The income and the means of the parties
- The financial obligations of the parties
- The earning capacity of the parties
- The effect of child custody on a party’s earning capacity
- The time needed for the claimant to acquire appropriate education, training, and employment
- The health of the parties
- The age of the parties
- The duration of the marriage
- The tax consequences to the parties
- The existence, effect, and duration of any domestic abuse committed by the other spouse, regardless of whether the other spouse was prosecuted for the domestic violence.
If a spouse is not at fault and has been a victim of domestic abuse committed during the marriage by the other spouse, the victimized spouse shall be awarded final periodic spousal support, or a lump sum payment, at the discretion of the court. In the case of domestic violence, the sum awarded as final periodic spousal support may be more than one-third of the paying spouse’s net income. If domestic abuse is not present, the sun awarded may not be more than one-third of the paying spouse’s net income.
Schedule a Consultation with a Family Law Attorney at Mansfield Melancon today!
If you are in need of reliable legal advice regarding your best available options when dealing with alimony and spousal support, contact a family law attorney at Mansfield Melancon immediately to make sure your rights and interests are being protected. We are committed to guiding the people whom we represent through the legal process with experience and personal attention.
Our firm also has a strong track record of getting optimal results for our clients.
Our offices are conveniently located in New Orleans, Baton Rouge and Lafayette. Call us or contact us online to schedule a consultation with a Louisiana personal injury lawyer. You can reach us at our New Orleans location at 504-500-1108, our Baton Rouge location at 225-612-0800, or our Lafayette location at 337-409-0003.