What is alimony?
What is it alimony?
Alimony consists of one spouse paying
another spouse support payments, usually because the spouse
receiving the payments is in need and cannot support his or
herself. Usually, the typical alimony situation is where one
of the parties did not obtain much education, had no career
and was a "stay at home mom," or some other such
situation that the person needs assistance.
In Louisiana, alimony is referred to
as "spousal support" and there are two types of
available spousal support.
Types of alimony
Temporary alimony is referred to under Louisiana law as "interim
spousal support." This form of alimony is designed to
provide a spouse with proceeds necessary to meet their income
and expense requirements during the pendency of a divorce.
The interim spousal support can continue past the divorce,
but no longer than 180 days past the divorce. Much of this
is left to the discretion of the Court with regard to the
amount of debt and income that both of the parties have.
One of the most important features of
interim spousal support is that there is no necessity to prove
any type of fault. All a spouse needs to do is demonstrate
a need for support by showing income and expenses. Interim
spousal support is designed to maintain the current standard
of living that was enjoyed during the marriage during the
pendency of the divorce.
Again, Louisiana has its own term for permanent alimony, which
is "permanent periodic spousal support." Permanent
spousal support is available to a spouse who is free from
fault in the breakup of the marriage and is in necessitous
circumstances. As set forth above, to prove a claim for interim
spousal support, all you need to do is merely demonstrate
you need money to maintain the standard of living you enjoyed
during the marriage. Permanent spousal support, on the other
hand, requires rigorous requirements of proof. You must prove
that you had no fault whatsoever in the breakup of the marriage,
and also prove that you must have support or you simply cannot
make it on your own.
Louisiana law provides statutory requirements
for different types of evidence to demonstrate the basis upon
which someone needs support, and the other party's ability
to pay, all decided on numerous factors.
Also, there are numerous behavioral
scenarios that could be construed to constitute legal fault
in the breakup of the marriage, such that a party would not
be entitled to permanent spousal support even if they were
in the worst financial need imaginable.
Of course, all of the issues of alimony and support in Louisiana
can be very complicated and any determination as to whether
or not you would be entitled to support and how much, under
either one of these support schemes, would have to be determined
after a complete and thorough review of all facts and potential