Spousal support is one of the most disliked aspects of family law. This article explains some of the ways that it can terminate.
Every month, thousands of couples in the United States think about getting divorce attorney. While there are many incredibly valid reasons for a couple to try and fight to stay together, one additional reason is that the process can be very complicated! Imagine all of the property and child custody arrangements that need to worked out, as well as the division of community assets. These considerations can take a good deal of time and effort to resolve.
One additional consideration is spousal support, as it is known here in Louisiana. This is the money that one spouse is sometimes stuck paying to the other spouse. In Louisiana, spousal support is not taken lightly, and a court (perhaps aided by a divorce attorney) will typically to try and arrive and the fairest outcome for all the parties concerned. One common source of guidance for the courts is Louisiana Civil Code article 112 entitled, “Determination of Final Periodic Support.”
It is called “final” support because it is distinguished from “interim” spousal support. Interim spousal support is the money awarded to one of the spouses while the proceedings are pending. Remember, it can take a while for your divorce attorney to sort everything out, and most times the parties are not on the best of terms. Interim spousal support ensures that, if necessary, the spouse who has a legitimate financial need is still able to care for themselves while the proceeding moves forward.
Final spousal support is the award which goes to the claiming spouse after the divorce attorney finalizes the marriage, and in some cases it can continue indefinitely. This is why it is known as “final spousal support.”
That said, there are in fact instances where final support is not so final. For example, if the spouse who is receiving the support gets re-married, then the support award is terminated. Sometimes, it does not even require a re-marriage to get the spousal support taken away. If the spouse who is paying the support (or their divorce attorney) can show convincingly to a court that the other spouse (the one getting the money) is “cohabitating with another person in the manner of married persons” then they too might be successful in relieving themselves of making support payments. The reasoning behind this second situation is the same as the first: spousal support is designed so that a spouse who was relying on their ex-husband or ex-wife financially should not be able to reap the benefits of a spousal support award while carrying on with another significant other. Presumably that new relationship is one that can allow them the prospect for financial safety and security.
Spousal support may also not be granted based on the fact that the spouse asking for the support was at fault for the breakup of the marriage. If proven in court, than a judge very well may strip them of the opportunity to recover support from the spouse who they decided to be unfaithful to.
Will Beaumont practices law in New Orleans. The above is just information and not legal advice.
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