Divorce Attorney - Louisiana Interim Spousal Support

In Louisiana a spouse has a right to assert a claim for interim periodic spousal, which is founded in the legislature, which imposes a duty on spouses to support each other throughout the marriage, and hence, gives his spouse the opportunity who does not have sufficient means for his or her maintenance during the marriage or after (depending on some special considerations). However, the party claiming interim spousal support (or their divorce attorney) must show that he or she lacks the requisite income to maintain the previous lifestyle of the marriage. Additionally, the trial court may look at the other party's ability to pay before making an awarded interim spousal support.

The whole purpose of interim spousal support is to help the party seeking that support to maintain the same type of lifestyle. An example that a divorce attorney could see over the course of their career is as follows. Sam and Diane were married and have now filed to end their marriage. During the marriage, Sam worked offshore and made roughly $200,000 annually. At the end of every week, he would give Diane $2,000 for her own expenses, which included shopping dining and going out to the movies. Diane was a housewife and did not work throughout the duration of the marriage. Now that they have filed and no longer live together, Diane's divorce attorney seeks a judgment of interim spousal support in order to maintain her previous standard of living during the marriage.

Specifically, she seeks two thousand dollars a week which was given to her by Sam. After reviewing the evidence and considering the law on the issue, the trial court will then make its ruling. In this particular fact pattern it seems as if Sam does have the ability to pay given the fact that he makes $200,000 a year. Additionally, Diane's divorce attorney may point out that she did not work during the marriage and she is simply trying to sustain the status quo particularly $2,000 that she would get every week anyway. As a result, a trial court in this case may award periodic spousal support in the amount of $2,000 a week.

In Louisiana trial courts may make a determination whether or not a person should be awarded interim spousal support. If a party does not like trial court's ruling interim spousal support, then either party can appeal to an appellate court. However, the trial court is given due deference in the standard of review of the appellate level is manifest error or clearly erroneous. Hence is it is ever so more important to make sure that you or your divorce attorney have all your ducks lined up in a row when you go to trial and the trial court.

Sometimes, the issues of interim spousal support may seem unfair and not equitable. However, when looking at interim spousal support is view the spectrum of what took place during the marriage, not what may be fair and equitable in general. So for those who think they will not have to pay their ex-spouse after the filing to end the marriage, think again.

Will Beaumont is a lawyer in New Orleans. This article is informational, not legal advice.