When couples file for a divorce, there are many financial concerns throughout the process. One of these concerns is the awarding of spousal support. While it is very useful during and after the divorce to provide for one spouse’s needs, it can be another financial strain on the other. It is important to understand how spousal support is calculated in Louisiana. This can help spouses ensure the amount awarded is fair to both.
Spouses can also protect their financial interests by working with a Gonzales family lawyer during their divorce. An attorney can provide clear advice about the factors that influence spousal support calculations. An attorney can also determine what would be fair in a negotiated divorce settlement and what the court may allow. Your attorney can also help you know what to expect if the court decides on spousal support payments.
Not every divorce will result in a spousal support determination. There are many divorces that happen in the nation and throughout Louisiana. The divorce rate in Louisiana, according to the Centers for Disease Control, was 0.7 per 1,000 residing population in 2022, which was half of the next-lowest reporting state. This was a significant drop for the state from the prior three years, which had an average rate of 2.0 per 1,000 population.
According to the U.S. Census Bureau, the divorce rate in Louisiana was 8.5 per 1,000 women aged 15 and older. Only some of these divorces result in spousal support, depending on the financial and other circumstances of the couple. In a divorce, the court may award two types of spousal support: interim support and final periodic support. Interim is awarded during divorce proceedings, and final periodic is awarded when the divorce judgment is made.
A spouse with financial need and no legal fault may receive one or both of these types of support. In either case, there is no formula for deciding the amount of support. Instead, the court will consider specific factors about each spouse and the marriage and use its discretion to calculate the amount of support.
Divorce cases in Gonzales are likely going to be handled by the 23rd Judicial District Court, which serves Ascension, St. James, and Assumption Parishes. The Ascension Parish Courthouse is located at 607 E. Worthey Street in Gonzales.
Interim spousal support is awarded and calculated based on the following factors:
An award of interim support only lasts for the duration of the divorce proceedings and up to 180 days after the divorce judgment is reached.
To qualify for final periodic spousal support, the following must be true:
If the spouse qualifies for support, the court considers numerous factors to calculate the amount and duration of the support. This includes:
Based on these factors, the court will determine what is a fair amount of final periodic support.
If a spouse qualifies for spousal support in Louisiana, the court will consider factors such as their financial needs, the standard of living the couple enjoyed during their marriage, the existence of any child support obligations, and the ability of the other spouse to pay.
For long-term spousal support, other factors are also considered, such as the length of the marriage, each spouse’s income and earning capacity, and how custody arrangements impact a spouse’s earning capacity.
The amount of spousal support in Louisiana is up to the court’s discretion if it is decided in court, but will generally not exceed ⅓ of the net income the paying spouse earns. There are some exceptions to this, however, such as when there is domestic abuse. Spousal support calculations consider many different factors about each spouse’s financial situation. The resources and knowledge of an attorney can help you determine a likely fair amount of spousal support.
In a divorce settlement in Louisiana, a wife is entitled to her equal net value share of community property and is also entitled to request spousal support. Spousal support is not guaranteed, but each spouse is owed their fair share of community property. Couples can reach an agreement outside of court that differs from this rule, but the court will divide it equally. When a divorcing couple has minor children, a wife is also entitled to request custody.
There is no set percentage of income that is awarded for alimony in Louisiana, although most awards of spousal support will not exceed a certain percentage of the net income of the paying spouse. The amount may also be higher in unique cases, such as when the court awards a lump sum spousal support for domestic abuse. To determine the likely percentage of income for support, talk with an attorney.
If you are facing a divorce in Louisiana, it’s important to have a compassionate and dedicated attorney by your side. Spousal support payments can have a big impact on your financial future. Contact us today to learn how Rowe & Manning Law Firm LLC can help protect your interests.