Spousal Support

Spousal Support in Jefferson Parish

Spousal support can be one of the most contested financial issues in a Louisiana divorce. Determining whether support should be awarded—and in what amount—may require careful examination of each spouse’s income, expenses, earning capacity, health, family responsibilities, and conduct during the marriage.

At Marino & Ehle, LLC, attorney Davidson S. Ehle III handles select spousal-support and divorce matters in Jefferson Parish. He represents spouses seeking support as well as spouses who may be required to pay it.

Types of Spousal Support in Louisiana

Louisiana law recognizes two principal forms of spousal support:

• Interim spousal support
• Final periodic spousal support

The purpose, legal requirements, and duration of each are different.

Interim Spousal Support

Interim spousal support is intended to help maintain a spouse during the divorce proceedings.

The court may consider:

• The needs of the spouse requesting support
• The other spouse’s ability to pay
• Any interim or final child-support obligation
• The standard of living maintained during the marriage

Unlike final periodic support, interim support generally does not require the requesting spouse to prove freedom from fault.

An award of interim spousal support ordinarily terminates 180 days after the divorce judgment is rendered. The court may extend the award beyond that period for good cause. Final periodic support does not begin until the interim-support award has ended.

Final Periodic Spousal Support

Final periodic support may be awarded after divorce when the requesting spouse:

• Is in need of support;
• Was free from legal fault before the filing of the proceeding to terminate the marriage; and
• Establishes that the other spouse has the ability to pay.

The court considers the needs of the requesting spouse and the financial ability of the other spouse. It may also examine:

• The income and financial means of both parties
• The liquidity of their assets
• Their financial obligations
• Child-support obligations
• The earning capacity of each party
• The effect of child custody on earning capacity
• The time needed to obtain education, training, or employment
• The health and age of the parties
• The length of the marriage
• The tax consequences of an award
• The existence and effect of domestic abuse

In most cases, final periodic support may not exceed one-third of the paying spouse’s net income. Different rules may apply in cases involving domestic abuse or certain fault-based divorce judgments.

What Does “Freedom from Fault” Mean?

Legal fault can be an important issue in a claim for final periodic support.

The question is not simply whether one spouse contributed to marital disagreements or whether both parties made mistakes. The court examines whether the spouse requesting support committed serious misconduct that was an independent contributing or proximate cause of the breakup of the marriage.

Fault disputes may involve allegations of:

• Adultery
• Abandonment
• Physical or sexual abuse
• Cruel treatment
• Habitual intemperance
• Serious misconduct that made the marriage insupportable
• Other conduct recognized under Louisiana law

Because fault can determine whether final support is available, testimony, communications, medical records, police reports, protective orders, and witness credibility may become important.

Domestic Abuse and Spousal Support

Louisiana law provides additional protections when domestic abuse occurred during the marriage.

A spouse may be presumed entitled to final periodic support when the divorce was granted on certain fault-based grounds or when the court determines that the spouse or a child of either spouse was the victim of domestic abuse committed by the other spouse.

In qualifying cases, the amount of support may exceed the ordinary one-third limitation and may be awarded as a lump sum.

Financial Information Used to Determine Support

Spousal-support cases require accurate financial information.

Each party may be required to provide:

• A verified income statement
• Pay stubs or employer statements
• Recent federal tax returns
• Bank and investment records
• Evidence of recurring expenses
• Information concerning bonuses, commissions, or distributions
• Business financial records when a party owns an interest in a business
• Documentation of debts and other support obligations

When a party owns a business, the financial review may include personal and business tax returns, profit-and-loss statements, balance sheets, bank records, sales-tax reports, and records of payments made through the business.

Louisiana law permits the court to consider evidence that income has been concealed, redirected, deferred, or underreported.

Spousal Support in High-Income or Complex Financial Cases

Determining income may be difficult when compensation includes more than an ordinary salary.

Complex cases may involve:

• Closely held businesses
• Professional practices
• Bonuses and commissions
• Partnership or shareholder distributions
• Deferred compensation
• Trust income
• Rental income
• Business-paid personal expenses
• Loans from a closely held business
• Irregular or seasonal earnings
• Voluntary reductions in salary or distributions

The court may examine the parties’ actual standard of living and financial resources when reported income appears inconsistent with available assets or spending.

Financial experts, accountants, or business-valuation professionals may be helpful in appropriate cases.

Modification or Termination of Spousal Support

An interim or final support award may be modified when the circumstances of either party materially change.

Possible changes may include:

• A substantial increase or decrease in income
• Job loss
• Retirement
• Disability or serious illness
• A significant change in expenses
• Completion of education or job training
• A change in custody or child-support obligations
• Reduced financial need

Support must be terminated when it is no longer necessary. The remarriage of the spouse paying support does not, by itself, constitute a material change in circumstances.

The support obligation is extinguished upon:

• The remarriage of the spouse receiving support
• The death of either party
• A judicial determination that the recipient is cohabiting with another person in the manner of married persons

Why Early Legal Advice Matters

The timing and wording of a spousal-support request can affect whether support is awarded and when the obligation begins.

Early legal representation can help a party:

• Determine whether interim or final support may be available
• Gather income and expense documentation
• Identify concealed or underreported income
• Prepare for a fault hearing
• Evaluate the other party’s ability to pay
• Present evidence of financial need
• Challenge unrealistic or unsupported expenses
• Seek modification when circumstances change
• Protect against an excessive or unsupported award

Louisiana also imposes a three-year peremptive period on certain claims for spousal support after divorce. A person should not assume that the right to seek support remains open indefinitely.

What Davidson S. Ehle III Can Do for You

Davidson S. Ehle III can help clients understand whether they may be entitled to receive spousal support or may be obligated to pay it.

His representation may include:

• Evaluating eligibility for interim or final support
• Reviewing income, assets, debts, and monthly expenses
• Preparing financial affidavits and supporting documentation
• Investigating business or self-employment income
• Preparing for hearings involving fault, need, and ability to pay
• Negotiating temporary or final support agreements
• Seeking modification or termination of an existing award
• Coordinating support issues with divorce, custody, and community-property proceedings

The objective is to present an accurate financial picture and seek an arrangement that reflects the evidence, the parties’ legal rights, and their actual financial circumstances.

Contact a Jefferson Parish Spousal Support Lawyer

If spousal support may be an issue in your divorce, obtaining legal advice early can help you understand your rights and financial exposure.

Contact Marino & Ehle, LLC to schedule a paid consultation with Davidson S. Ehle III regarding interim or final spousal support in Jefferson Parish.