Baton Rouge Spousal Support Lawyer

Baton Rouge Spousal Support Attorney

Going through a divorce can be hard, and spousal support matters can add another layer of complexity. Louisiana law has guidelines to help make the process fair, but each case is unique. A Baton Rouge spousal support lawyer can provide you with the answers you need.

Helping Former Spouses Move Forward After Divorce

Spousal support is a part of many divorce cases.

Spousal support laws differ from state to state. If you are divorcing in Louisiana, it is important to work with an attorney who understands Louisana alimony laws.

At Rowe & Manning Law Firm LLC, we can answer your questions about alimony and help ensure that your personal and financial interests are protected. Contact us to schedule a time to meet.

Alimony Before And After Divorce

There are two kinds of alimony in Louisiana:

• Alimony pendente lite: This is a temporary, needs-based alimony that is issued during divorce proceedings. It is meant to financially sustain a spouse while the divorce is pending.
• Permanent alimony: After the divorce is finalized, permanent alimony may be awarded. It is based on financial need and is not meant to sustain a particular lifestyle – but rather to ensure that the individual’s basic financial needs are met post-divorce.

Originally, spousal support was meant to last during a period of separation, which may have resulted in reconciliation. The law encouraged reconciliation whenever possible. However, some spouses may have reconciled only for financial reasons.

Eligibility for Spousal Support

In Louisiana, eligibility for spousal support requires specific financial and personal circumstances. The court first looks at the requesting spouse’s financial needs, considering factors such as their income, assets, and health. Usually, the requesting spouse is required to show proof that they can’t meet their basic needs after a divorce without some form of financial support.

Judges also review the roles within the marriage itself. If one spouse took on most of the household or childcare responsibilities, they might be more likely to qualify for spousal support. This qualification recognizes a spouse’s non-financial contributions and can help stay-at-home spouses receive fair treatment.

Factors That Affect Spousal Support

Louisiana courts consider several factors to decide the amount of spousal support to give to a recipient:

• Income and Earning Capacity: Judges look at each spouse’s current income and future earning potential, including all sources of income. This involves a detailed review of each spouse’s salary history, educational background, and how employable they are in the current job market. Courts can also review things like investments, business interests, and other forms of income that are not attached to traditional jobs.
• Standard of Living: The goal of spousal support is to avoid drastic lifestyle changes after a divorce, so courts also review the standard of living maintained during the marriage. They capture the complete picture of the couple’s lifestyle, including the quality of their housing, their vacation habits, and how much they have for discretionary spending to make sure both spouses can maintain their existing lifestyle.
• Health and Age: The demographics of each spouse can limit their employment options, so courts consider these factors along with existing health issues. This requires reviewing any chronic conditions, disabilities, or other age-related factors that could affect either party’s ability to work and earn income. The courts may look at medical expenses, insurance needs, and any long-term care requirements.
• Length of the Marriage: Usually, the longer the marriage, the more likely that one spouse might financially depend on the other, which could affect the amount of support given. Longer marriages typically result in more substantial or permanent spousal support arrangements. If the marriage affected career trajectories, retirement planning, or overall financial independence, the courts may also take that into consideration.
• Marital Contributions: If one spouse sacrificed their career for the marriage or for children, the courts may consider these sacrifices when setting the amount of support. This includes time spent as a primary caregiver or support provided to the other spouse’s career advancement or business. The courts recognize that even non-financial contributions often have significant financial effects.

These factors ensure the receiving spouse receives an appropriate amount of support based on the couple’s unique situation.

Tax Implications of Spousal Support

Spousal support affects both spouse’s taxes in different ways. Spousal support payments are not tax deductible and are not taxable income for the recipient. This means that support payments are deducted from the paying spouse’s income after taxes.

For recipients, this change can make their situation simpler because they do not have to report support as income; however, this could affect how much support a court grants. It is a good idea to consider these tax implications when negotiating spousal support, as it could affect financial planning.

Both parties should work with attorneys to understand how these tax rules might affect their finances. For high-income spouses, these tax implications could have a larger impact, as higher tax brackets could make these payments more challenging to manage without tax deductions.

Modifications and Termination

Spousal support can change or end under certain conditions. Modifications can occur if one spouse’s financial situation changes significantly after the divorce. For example, if the paying spouse loses their job or suffers a health challenge, they could request a reduction in support. At the same time, if the recipient’s income rises or they become self-sufficient, the spouse can ask the court to adjust support to reflect this new independence.

Does Adultery Affect Alimony?

If one spouse was unfaithful during the marriage, will the other spouse get alimony?

It is very likely that the adulterous spouse would pay alimony, even after the divorce is finalized. The amount paid, however, would depend on a number of factors and may be negotiated or litigated.

Fault matters when it comes to issuing alimony in a divorce case. Some of those issues affecting fault may be related to financial responsibility, adultery or domestic violence. The at-fault spouse will pay alimony to the person without fault. When the grounds for divorce are irreconcilable differences, fault-based alimony will not apply.

There are certain cases where alimony may be issued as a part of the property settlement.

FAQs

Q: How Do the Courts Calculate Spousal Support in Louisiana?

A: In Louisiana, the courts calculate spousal support based on each spouse’s financial situation. Judges look at the recipient’s needs and the paying spouse’s ability to pay. Factors include the standard of living during the marriage, each spouse’s income and assets, and any relevant health issues that can affect a spouse’s earning potential. Louisiana law also looks at how long the couple was married and each spouse’s financial contributions to the marriage.

Q: Can Spousal Support Be Changed After Divorce?

A: Spousal support can be changed after divorce, but only if circumstances significantly change. For instance, if the paying spouse loses their job or the person receiving the support begins receiving more income from other sources, either spouse can request a review from the court. Judges then examine the new financial circumstances to decide if the support amount should change. Only the court can approve a formal modification.

Q: Who Qualifies for Spousal Support?

A: Who qualifies for spousal support depends on the type of need each spouse demonstrates. In Louisiana, courts look at each spouse’s income, health, work history, and contributions to the marriage. Fault can also be considered in a divorce if applicable. If the requesting spouse is at fault for the divorce, they may not qualify for financial support. This approach ensures that support is fair and goes to spouses with genuine needs.

Q: Does Spousal Support End if the Recipient Remarries?

A: Spousal support usually ends if the recipient remarries. In Louisiana, it is generally assumed that remarrying changes the spouse’s financial needs in a way that increases their income or helps them better contribute to household expenses. If a recipient remarries, the paying spouse can ask the court to end spousal support. Modifications are also possible depending on the circumstances.

Talk To Us About Your Specific Case

Learning more about spousal support law in Louisiana can help you during the divorce process. Our Baton Rouge spousal support attorney can help you through alimony proceedings in Louisiana. Please contact the Rowe & Manning Law Firm LLC today. for answers, strategies, and personalized support.