In Louisiana, the court may award two different classifications of spousal support, also known as alimony: interim support and final support.
The purpose of interim support is to help the receiving spouse maintain an appropriate standard of living to support themselves and potentially other family members. In many cases, interim support is temporary and lasts only until the receiving spouse can become self-sufficient.
However, in some situations, the court may award final support.
The court considers the following factors when awarding final support:
An additional condition for the court awarding final support can be fault-based for either party. Even if a former spouse can prove that they were without fault, an award of support is not always automatic. Even if an award is made, it may not be permanent and the duration of an award may be limited.
Some of the issues determining fault may be related to abandonment, adultery, conviction of a felony or domestic violence. The at-fault spouse may be required to pay alimony to the person without fault.
While spousal support can be a contentious issue in a divorce, it is important to remember that it is intended to provide financial assistance to the spouse who needs it, not to punish the other spouse.
At Magnolia Law, we understand that the issue of spousal support can cause a divide between spouses during the divorce process. However, with the help of a skilled attorney, it is possible to reach an agreement on spousal support that is fair to both parties. Our attorneys have extensive experience handling spousal support cases, and we can work tirelessly to protect your rights. Let us help you navigate this difficult time.
Disputes over spousal support can be very contentious and emotional. The question of how much one spouse should pay to support the other can quickly lead to disagreement, particularly if there is a significant income disparity. However, there are a few key areas that typically cause disputes when it comes to spousal support:
These are a few of the potential areas of disagreement when it comes to spousal support. It can be a complex and sensitive issue, which is why it is often best to seek the guidance of an experienced family law attorney when dealing with these problems.
The amount of spousal support is primarily based on the needs of the spouse receiving support and the ability of the other spouse to pay. Several factors are considered when determining need, including
The court may also consider any unpaid contributions each spouse made during the marriage, such as homemaking or child rearing. This can be a factor because the spouse who stayed home to take care of the family and household made that decision based on the income coming in from the other spouse. In addition, the court may consider any instances of abuse or violence during the marriage. Once a need has been established, the court will consider the paying spouse’s ability to meet those needs. The court will look at factors such as income, employment history, and assets. If the receiving spouse has little or no income, and the paying spouse has a high earning capacity, then a higher amount of spousal support may be awarded.
There are several reasons why a modification to spousal support may be warranted in the future. One reason is if there is a significant change in the financial circumstances of either spouse. For example, if the spouse receiving support loses their job or suffers a major drop in income, they may need to modify the amount of support they receive. Another reason is if there is a change in the needs of either spouse. For example, if the spouse receiving support gets remarried or starts cohabitating with a new partner, they may no longer need to receive spousal support. Finally, if there is a change in the health of either spouse, that may also warrant a modification to spousal support. For example, if the spouse paying support becomes seriously ill and can no longer work, they may need to modify the amount of support they pay. In any case, it is important to consult an attorney to determine whether a modification to spousal support is warranted in your particular situation.
A family law attorney can help by providing legal representation to either party involved in a spousal support case. They understand the applicable laws and can work with the other party’s attorney to negotiate a fair settlement for both parties. If an agreement cannot be reached, your attorney can file a motion with the court and represent their client at the hearing. They will work to ensure that their client receives a fair ruling from the court. In some cases, the family law attorney may also be able to help their client modify the terms of the spousal support order if there has been a significant change in circumstances.
If you are dealing with a spousal support issue, it is important to seek the guidance of an experienced family law attorney. The attorneys at Magnolia Law start each day fighting for the rights of our clients. We understand how important it is to protect your interests and ensure that your family is taken care of emotionally and financially. Our firm has the knowledge and experience to help you through this difficult time. Contact us today to schedule a free consultation. We look forward to seeing you soon.