New Orleans Alimony Lawyer | Jefferson Parish Spousal Support Lawyer
Spousal support, also called alimony, may be an issue in your divorce case. Our spousal support lawyer at Stephen Rue & Associates Law Firm can apply the alimony laws to benefit your individual situation.
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Types Of Spousal Support
The court may award two different classifications of spousal support: interim periodic support and final periodic support. The court may award a party an interim periodic allowance based on the needs of that party, the ability of the other party to pay, and the standard of living of the parties during the marriage. Interim periodic spousal support terminates on the judgment of divorce. However, if a claim for final spousal support is pending when the divorce is rendered, interim spousal support thereafter terminates upon rendition of the judgment awarding or denying final spousal support or 180 days from the judgment of divorce, whichever occurs first.
Final periodic spousal support is harder to get. The court must consider the following factors in determining the entitlement, amount, and duration of final support:
- Needs of the parties
- Income and means of the parties
- Financial obligations of the parties
- Earning capacity of the parties
- Effect of custody of the children on a party’s earning capacity
- Time necessary for the claimant to acquire appropriate education, training, and employment
- Health and age of the parties
- Duration of the marriage
- Tax consequences
An additional, very important condition for an award of final support is the claimant’s freedom of fault prior to filing divorce proceedings by either party. The court interprets “fault” to mean misconduct that rises to the level of one of the previously existing fault grounds for legal separation or divorce: adultery, conviction of a felony, habitual intemperance, cruel treatment or excesses that make living together insupportable, public defamation, abandonment, and intentional non-support.
Contact an Experienced Louisiana Spousal Support Lawyer Today
At Stephen Rue & Associates Law Firm, we offer consultations so you can discuss your spousal support/alimony case with one of our experienced attorneys.
Whether you are the spouse seeking spousal support or the spouse that is expected to pay alimony, our firm can assess your case and ensure that you are treated fairly by the court. We also represent clients in modification and/or enforcement of alimony orders.
The following is an excerpt from Louisiana Divorce Handbook (Available on Amazon.com), with Express Permission of Author Louisiana Family Law Attorney Stephen Rue. @ All Rights Reserved, Stephen Rue 2014.
1. WHAT IS SPOUSAL SUPPORT?
Spousal support, also known as “alimony” or “maintenance,” is a payment from one spouse (the “breadwinner”) to the other spouse who earns less income. The purpose of alimony is to allow the spouse of less means and/or abilities to pay for his or her living expenses and other needs. Permanent alimony may last the extent of the recipient’s life. The underlying rationale for alimony is to assist the spouse of less fortune, opportunities, and/or abilities.
“Rehabilitative” or “Restitution” alimony is for a definitive period of time, with the goals of having the other spouse create sufficient finances, opportunities, and/or abilities to be self-sufficient. The reason for the need of “rehabilitation” may result from the recipient spouse’s previous foregoing of educational and/or employment opportunities during the marriage that he or she would have reasonably expected to otherwise have experienced. Unlike child support, alimony is not calculated by using state guidelines, but rather the figure is derived by the agreement of the parties or at the discretion of the judge.
2. SPOUSAL SUPPORT IS AN ENDANGERED SPECIES
Throughout the country, we are seeing a shift in the view of courts towards permanent alimony. With an increasing number of women entering the work force, and the decreasing focus on gender, many states are moving away from the term “alimony” to the term “maintenance.” The seemingly subtle shift in the use of terms is an example of the growing paradigmatic shift of today’s courts. As a public policy, Texas has had no provisions for alimony (although it may in the near future). Other state courts are becoming more resistant to awarding alimony, except in cases where a spouse has been and remains financially dependent on the other spouse for a
Louisiana classifies spousal support into two categories:
1. Interim Periodic Support
2. Final Periodic Support