Alimony and Spousal Support in Louisiana
How Louisiana decides spousal support (alimony), the factors courts weigh, and how marital property is divided.
Short answer: The court may award interim spousal support during the divorce, based on need, the other spouse's ability to pay, child support, and the marital standard of living; La. Civil Code arts. 111, 112, 113
| Alimony (spousal support) | The court may award interim spousal support during the divorce, based on need, the other spouse's ability to pay, child support, and the marital standard of living; it generally ends 180 days after the divorce judgment unless extended for good cause. Final periodic support may be awarded to a spouse who is in need and was not at fault before the divorce was filed. Factors include income and means, financial obligations, earning capacity, the effect of child custody on earning capacity, time needed for education or training, health and age, length of the marriage, tax consequences, and any domestic abuse by the other spouse. Final support generally may not exceed one-third of the payer's net income, but that cap does not apply, and a lump sum may be awarded, in certain domestic-abuse cases. |
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| Dividing property | Louisiana is a community property state. Property of married persons is either community or separate, and each spouse owns a present, undivided one-half interest in the community property. Separate property includes property owned before the community began; property received individually by inheritance or gift; property bought with separate funds (or mostly separate funds, where the community share is inconsequential); certain damages awarded to one spouse against the other; and things received through a voluntary partition of the community during the marriage. |
Where to get help in Louisiana
More Louisiana divorce & family law
- Getting a Marriage License in Louisiana
- Adopting a Child in Louisiana
- Guardianship of a Child or Adult in Louisiana
- Establishing Paternity in Louisiana
- Changing Your Name in Louisiana
- Child Custody Laws in Louisiana
- How Child Support Is Calculated in Louisiana
- Divorce Records in Louisiana
- How to File for Divorce in Louisiana
- Legal Separation and Annulment in Louisiana
- All Louisiana divorce & family law rules
FAQ
How is alimony decided in Louisiana?
The court may award interim spousal support during the divorce, based on need, the other spouse's ability to pay, child support, and the marital standard of living; it generally ends 180 days after the divorce judgment unless extended for good cause. Final periodic support may be awarded to a spouse who is in need and was not at fault before the divorce was filed. Factors include income and means, financial obligations, earning capacity, the effect of child custody on earning capacity, time needed for education or training, health and age, length of the marriage, tax consequences, and any domestic abuse by the other spouse. Final support generally may not exceed one-third of the payer's net income, but that cap does not apply, and a lump sum may be awarded, in certain domestic-abuse cases.
Is Louisiana a community property state?
Louisiana is a community property state. Property of married persons is either community or separate, and each spouse owns a present, undivided one-half interest in the community property. Separate property includes property owned before the community began; property received individually by inheritance or gift; property bought with separate funds (or mostly separate funds, where the community share is inconsequential); certain damages awarded to one spouse against the other; and things received through a voluntary partition of the community during the marriage.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.