Lafayette Spousal Support Lawyer

Lafayette Spousal Support Attorney

A divorce is a financially draining process. In some divorces, spousal support enables a spouse to maintain their way of life. For the other spouse, support payments can feel like a further financial drain. When you and your spouse are navigating these financial stressors, you need an understanding and dedicated Lafayette spousal support lawyer. They can help decide if a support award is appropriate and ensure that it is fair for both parties.

Work With a Knowledgeable Divorce Attorney in Lafayette

Family law cases like divorce and spousal support are understandably stressful situations, and it’s important that you are supported by a capable and compassionate attorney. At The Law Office of Joshua S. Guillory, we know how straining this situation can be, and we work hard to understand your unique circumstances and needs during a case. We want to support you and your family with full commitment and care.

Our team is invested in the well-being of the families in our community, and we can use our knowledge and resources to find the ideal resolution for you. We can help you look through the available options so that you can better make decisions about your and your family’s financial and personal security.

What Is the Purpose of Spousal Support?

The goal of awarding spousal support is that each spouse can maintain a similar standard of living that they enjoyed during their marriage. Each spouse will see financial strain after a divorce, but support exists to give each spouse a similar financial standing. It is more common when one spouse has a higher income or greater resources than the other spouse.

Because Louisiana is a community property state, this difference in resources is rarely altered by the division of property. Instead, financial disparity is handled through spousal support.

Types of Spousal Support

There are two types of spousal support in Lafayette: interim support and final periodic support.

Interim spousal support is awarded during divorce proceedings. It typically ends when the divorce is finalized or up to 180 days after finalization. The order can be extended beyond 180 days if there is good cause. The judge on the case has the discretion to determine when support ends.

Final periodic spousal support is awarded as part of the divorce’s final judgment. It is considered indefinite support in most cases, but it can be modified or terminated, depending on the altering needs and life of each spouse. Courts can also decide to place a limit on the amount of time that support is awarded. Final periodic support exists to meet a spouse’s basic needs, but it cannot exceed ⅓ of the paying spouse’s net income.

What Are the Factors in Determining Support?

Depending on the type of support, different factors are used. To decide on interim support, the court will consider the following:

1. The needs of the spouse requesting support
2. The ability of the other spouse to pay support
3. The standard of living that the spouses enjoyed during their marriage
4. Any existing interim or final child support payments

Final periodic support obligations can only begin once interim support has ended. For a party to be eligible for final periodic support, the requesting spouse must have need of support and cannot be at fault for the divorce prior to the petition being filed.

If these qualifications are met, the court will consider several factors when determining if spousal support will be awarded, as well as the amount and duration of any payments. These include:

1. Each spouse’s income, earning capacity, and liquidity of resources
2. Each spouse’s financial obligations
3. The impact on a spouse’s income due to being the primary custodial parent
4. The age and health of each spouse
5. The duration of their marriage
6. The tax consequences for either party
7. How much time is reasonably needed for the spouse requesting support to be able to acquire the education, training, or employment needed to increase their standard of living
8. Whether there was any domestic violence committed by the other spouse against the spouse requesting support or their child

FAQs

Q: What Are the Rules for Spousal Support in Louisiana?

A: Spousal support in Louisiana includes both interim support and final periodic support. The court will review factors such as the needs of the spouse requesting support and the ability of the other spouse to pay support when determining whether to award spousal support and, if so, the payment amounts.

In Louisiana, final periodic spousal support cannot exceed ⅓ of the paying spouse’s net income, except in cases where:

• The divorce was filed on the grounds of sexual or physical abuse.
• A protective order was filed.
• The court determined that there was domestic violence.

Q: How Do I Negotiate Spousal Support in Louisiana?

A: One of the most effective ways to negotiate spousal support is to work with a skilled divorce attorney in Lafayette, Louisiana. It is critical to find one who is devoted to protecting your rights and your family’s interests. Other ways to prepare for spousal support negotiations include:

• Understand the state’s laws about how the court calculates spousal support.
• Determine if interim or final periodic support is appropriate.
• Talk with your spouse about support, remain calm, and work to find a solution.
• Work with other professionals, like financial advisors.

Q: How Long After a Divorce Can You Ask for Alimony in Louisiana

A: You can ask for alimony after a divorce decree has been made in Louisiana for up to three years after the divorce was finalized. Periodic spousal support can be awarded after the divorce decree is finalized, but interim support cannot. This is only possible if you also meet the requirements for final periodic spousal support, including not being at fault for the divorce, having the financial need for support, and other factors.

Q: What Are the Grounds for Spousal Support in Louisiana?

A: A spouse is assumed to be entitled to spousal support in Louisiana if the divorce is awarded because the other spouse:

1. Committed adultery
2. Committed a specific felony
3. Committed physical or sexual abuse against the spouse or their child, regardless of prosecution for that crime
4. Had a protective order filed against them

When a spouse is not presumed to be entitled to support, the court will review factors such as each party’s standard of living, each party’s needs, and the length of the marriage.

Helping Families Navigate Spousal Support Determinations

At The Law Office of Joshua S. Guillory, we are proud to diligently support our clients as they manage one of the more difficult cases in their lives. Whether you want to determine spousal support outside of court, in mediation, or in litigation, our team can help. Contact us today to see how we can support you.