Spousal Support Lawyer in Lake Charles, Louisiana

Spousal Support Under Louisiana Law

Devin Fontenot, Attorney at Law represents clients in Lake Charles and Calcasieu Parish on spousal support — also called alimony in many other states. In Louisiana, spousal support is the money one spouse may be ordered to pay the other in connection with a divorce. Louisiana recognizes two distinct types of support, and they operate under different rules: interim spousal support, which applies while the divorce is pending, and final periodic support, which may continue after the divorce is final. Understanding which type applies to your situation — and what a court can actually order — is the first step in protecting your interests.

Whether you expect to pay support or receive it, the outcome depends heavily on the facts: each spouse's income and earning capacity, the length of the marriage, the standard of living the couple maintained, and, for final support, whether the requesting spouse was free from fault. Our firm presents that picture clearly and advocates for a fair result.

Interim Spousal Support

Interim spousal support — sometimes called interim periodic support — is temporary support paid while the divorce is being litigated. Its purpose is to maintain the financial status quo so that the lower-earning spouse is not left without resources during what can be a lengthy process. A court setting interim support looks at three things: the needs of the spouse requesting support, the ability of the other spouse to pay, and the standard of living the couple enjoyed during the marriage.

Importantly, fault is not a factor in interim support. Even a spouse whose conduct contributed to the breakup of the marriage may receive interim support while the divorce is pending. Interim support generally terminates when the judgment of divorce is rendered, although in some circumstances it may extend for a limited period after the divorce if a claim for final support is still pending.

Final Periodic Support

Final periodic support is governed by Louisiana Civil Code articles 111 and 112. Unlike interim support, final support is not awarded automatically. A spouse who wants final periodic support must first establish two things: that the spouse is in need of support, and that the spouse was free from fault in the dissolution of the marriage.

The freedom-from-fault requirement is one of the most contested issues in Louisiana spousal support cases. Conduct such as adultery, abandonment, habitual intemperance, or cruel treatment can constitute fault that bars an award of final support. A spouse who was free from fault but is in genuine financial need may be awarded support based on the statutory factors below.

How Courts Decide the Amount and Duration

When a spouse is entitled to final periodic support, the court determines the amount and length of the award by weighing a list of statutory factors. No single factor controls, and the court balances them based on the specific facts of the marriage.

• The income and means of both parties, including any community property received in the divorce
• The financial obligations of each party
• The earning capacity of both parties
• The effect of custody of children on a party's earning capacity
• The time necessary for the recipient to acquire education or training to find 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

By statute, the sum awarded for final periodic support generally may not exceed one-third of the obligor spouse's net income. This cap is an important limit, and the calculation of net income — what is included and what is deducted — is often itself a point of dispute. Our firm scrutinizes income figures carefully on both sides of a support case.

Duration, Termination, and Modification

Final periodic support is not necessarily permanent. By law, an award of final support terminates automatically upon the death of either spouse, the remarriage of the recipient, or a judicial determination that the recipient has entered into open concubinage — a marriage-like cohabitation with another person. These events end the support obligation by operation of law.

Support can also be modified. Either party may ask the court to increase, decrease, or terminate support when there has been a material change in circumstances since the award was set. A significant change in either party's income, a job loss, a serious health condition, or the recipient developing a new earning capacity can all justify a modification. The party requesting the change carries the burden of proving the change in circumstances.

Serving Lake Charles and Calcasieu Parish

Our office is at 2706 Hodges Street in Lake Charles. We represent both spouses seeking support and spouses defending against support claims throughout Calcasieu Parish and Southwest Louisiana. Call (337) 508-2627 or use the form on this page to discuss your situation confidentially.