In Need of A Spousal Support Attorney in Baton Rouge, Louisiana?
At the Russell Law Firm, LLC, our Baton Rouge divorce attorneys know that one of the most common legal issues that arise during the dissolution of a marriage in Louisiana, is whether one spouse must pay spousal support to the other.
We understand the financial difference from supporting one home’s expenses to two separate households can be overwhelming, and that one spouse — typically the lesser earning of the two — is going to need help. Whether you are the paying spouse or recipient of spousal support, it is important to understand your rights. We can help.
Our East Baton Rouge Parish spousal support attorneys will outline your unique financial recovery needs from the start, so you can move forward with confidence.
How is Spousal Support Decided During a Louisiana Divorce?
Whether you call it spousal support, spousal maintenance, or alimony, the financial provision is typically awarded to one spouse while a Louisiana divorce is pending, and/or after the divorce is finalized.
Divorcing spouses may agree on interim and final spousal support awards in private during negotiations with their attorneys or during mediation with a mediator. If the spouses cannot reach an agreement, then the family court judge assigned to the case may render a judgment on the spousal support claims after considering pertinent evidence and arguments.
In determining spousal support, Louisiana family court judges consider multiple factors, such as:
- The duration of the marriage.
- The extent to which either spouse supported the other’s current or potential earning capacity, sacrificing their own potential.
- Each spouse’s marketable skills.
- Each spouse’s respective income.
- Each spouse’s financial and personal contributions to the marriage.
- Each spouse’s health and age.
- How child custody decisions impact one spouse’s earning capacity.
- Community and Separate Property belonging to the spouses.
- Debts accrued during the marriage.
- The needs of the claimant spouse and the ability of the other spouse spouse to pay spousal support.
In Louisiana, a judge may award either interim spousal support — compensation for the time the couple is living separately before their divorce is finalized — or as a final judgment, which is an amount awarded once the divorce is finalized.
The ability of each party to maintain the same standard of living that they had over the course of the marriage is one of the main considerations for awarding interim spousal support in Louisiana. Whether you are the paying spouse, or the one requesting alimony, our skilled divorce attorneys can help you determine the amount and duration — if any — will be required during the separation and/or going forward.
You do not have to be afraid of the unknown during your Louisiana divorce. Our trusted Baton Rouge spousal support lawyers will provide the complete details you need to make informed decisions about your future — including each financial aspect of starting your new life.
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If you are pursuing a divorce in Louisiana and are worried about the financial impact of your dissolution – whether you are the paying spouse or the recipient – it is important to understand your rights. We can help.
Frequently Asked Questions for Spousal Support in Baton Rouge
In cases where both spouses have equal income and financial resources, the court may determine that spousal support is not necessary. However, if your spouse can show that he or she is in need for spousal support and that you have the ability to pay that support, then you may still be order to pay spousal support.
Spousal support is typically awarded to address the financial disparities between spouses, with the goal of ensuring that both spouses can maintain a reasonable standard of living after the divorce.
No, spousal support is not exclusively limited to stay-at-home spouses. While spousal support can be awarded to support a spouse who stayed at home to care for the family, it is not solely reserved for this situation. Spousal support may also be awarded to a spouse who has lower income or earning capacity compared to the other spouse, even if both spouses were working during the marriage.
There are two main types of spousal support, interim (temporary) and final spousal support. Temporary is provided during the divorce process and ends when the divorce is finalized of final spousal support is ordered. Final spousal support is the financial support awarded after a divorce.
Child support and spousal support are separate legal obligations. The fact that child support is ordered does not automatically eliminate the need for spousal support. Child support is specifically meant to provide financial assistance for the children’s needs, while spousal support is focused on addressing the financial needs of the supported spouse.
In Louisiana, cohabitation with a new partner who is not married to the supported spouse does not automatically terminate spousal support. However, cohabitation can be a factor that the court considers when determining the need for and amount of spousal support.
Yes, spousal support can be modified under certain circumstances. If there has been a significant change in circumstances since the spousal support order was initially issued, such as a change in income or financial situation of either spouse, a change in the needs of the supported spouse, or a change in the ability to pay, it may be possible to request a modification of spousal support.
The start date of spousal support can vary depending on the laws of the specific jurisdiction and the terms of the spousal support order. In some cases, spousal support may be retroactive to the date of separation, while in other cases it may start from the date of the court order or a specific triggering event.
Yes, spousal support and alimony are often used interchangeably and refer to the same concept. They both involve one spouse making payments to the other spouse to provide financial support after the dissolution of the marriage.
The termination of spousal support upon retirement depends on the specific terms of the spousal support order or agreement. In some cases, spousal support may have a set termination date or be subject to review upon retirement. However, if there is no provision addressing retirement in the spousal support order, it may require a modification request to terminate or modify spousal support based on the retirement.
Filing for bankruptcy does not automatically absolve a person from their spousal support obligations. Spousal support is generally considered a non-dischargeable debt in bankruptcy, meaning it cannot be eliminated through bankruptcy proceedings. However, there may be exceptions and certain circumstances where the court could consider modifying spousal support obligations based on the financial difficulties faced by the paying spouse.