Spousal Support

To be eligible to receive final periodic spousal support, a spouse must be free from fault prior to the filing of a petition for divorce and exhibit a need of support, based on the needs of that party and the ability of the other party to pay.

The court considers all relevant factors in determining the amount and duration of final support, including:

• The income and means of the parties, including the liquidity of such means.
• The financial obligations of the parties, including any interim allowance or final child support obligation.
• The earning capacity of the parties.
• The effect of custody of children upon a party's earning capacity.
• The time necessary for the claimant to acquire appropriate education, training, or employment.
• 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.

• Having committed adultery;
• Having committed a felony and receiving a sentence to death or imprisonment at hard labor, the other spouse committing physical or sexual abuse
• After a contradictory hearing or consent decree, a protective order or an injunction was issued during the marriage to protect the spouse seeking the divorce or a child of one of the spouses from abuse; or,
• Committed domestic abuse during the marriage and the court determines that a party or a child of one of the spouses was the victim of domestic abuse committed by the other party.

The sum awarded for spousal support shall not exceed one-third of the obligor's net income. Nevertheless, when support is awarded after a judgment of divorce is rendered pursuant to abuse or when the court determines that a party or a child of one of the spouses was the victim of domestic abuse committed by the other party during the marriage, the sum awarded may exceed one-third of the obligor's net income and may be awarded as a lump sum.

The the court may award a party interim spousal support based on the needs of that party, the ability of the other party to pay, any interim or final child support obligation, and the standard of living of the parties during the marriage.

An award of interim spousal support terminates one hundred eighty (180) days from the rendition of a judgment of divorce, except that the award may extend beyond one hundred eighty days for good cause shown.

An obligation to pay final periodic support shall not begin until an interim spousal support award has terminated.

An award of interim spousal support or final periodic support may be modified if the circumstances of either party materially change.

An award of interim spousal support or final periodic support shall be terminated if it has become unnecessary.

An award of final spousal support may be modified, waived, or extinguished by judgment of a court of competent jurisdiction or by authentic act or act under private signature duly acknowledged by the obligee.

The subsequent remarriage of the obligor spouse does not constitute a change of circumstance.

An award of interim spousal support or final periodic support is extinguished upon the remarriage of the obligee, the death of either party, or a judicial determination that the obligee has cohabited with another person of either sex in the manner of married persons.

The right to claim after divorce the obligation of spousal support is subject to a peremption of three years.

The Peremption begins to run from the latest of the following events:

• The day the judgment of divorce is signed.
• The day a judgment terminating a previous judgment of spousal support is signed, if the previous judgment was signed in an action commenced either before the signing of the judgment of divorce or within three years thereafter.
• The day of the last payment made, when the spousal support obligation is initially performed by voluntary payment within the periods described by law and no more than three years has elapsed between payments.

If you're seeking a divorce and requesting spousal support, contact Attorney Ebonee Norris of The Norris Law Group for help. She will work tirelessly to get the best possible outcome for you.

We know that no two cases are the same. We will thoroughly review the details of your case to ensure that you receive the best possible legal representation and that your rights are protected. Call us today at 318-771-7000 or reach out to us online. We're ready to put our experience to work for you.