Divorce Lawyer in Louisiana: Fault and Spousal Support

For an ex-spouse to be eligible for permanent spousal support, the ex-spouse seeking support must be free from fault and in need of support.  If you have any concerns relating to fault, then you should speak to a divorce lawyer.  If you proceed and a court determines that you are not free from fault, then you will not be awarded permanent spousal support.  That is why it is important, if you have concerns, to consult with an attorney to determine precisely your situation.

In Louisiana, a person who is not free from fault cannot seek final periodic spousal support. What does it mean to be free from fault?  The Louisiana Civil Code defines what constitutes fault.  As such, a party free from fault is a party who has not committed the transgressions set forth in the Louisiana Civil Code.  However, there is case law that states a party need not be free from minimal fault.  In Louisiana, the trial court determines whether or not a party is at fault. Such a determination often involves weighing the credibility of witnesses, making factual conclusions based upon the evidence submitted, and listening to the arguments of each spouse’s divorce lawyer.

There are several examples, which can appear before a divorce lawyer for ex-spouses seeking support.  Let’s hypothetically say Will and Tara filed to end their marriage.  They lived in a multimillion-dollar home purchased with community funds.  During the marriage, Will was the bread winner, while Tara stayed home and watched television.  While Will was away working, Tara would often invite her secret boyfriend over to their home.  Will was unaware that Tara was cheating.  In the court proceeding, Tara seeks to remain in the matrimonial domicile and permanent spousal support.  If a judge uncovered that Tara had been cheating on Will during the marriage, then Tara would likely be denied permanent spousal support.  

Now let’s look at a similar situation that can produce a different outcome.  Let’s assume all the same facts except Tara’s divorce lawyer is seeking interim spousal support.  In this scenario, a court may award Tara interim spousal support.  How so? The purpose of interim spousal support is to maintain the status quote.  Thus, fault of a party is not taken into consideration when awarding interim spousal support.  

Another example a divorce lawyer may have to confront involves Tim and Rachel.  During the marriage, Rachel would throw temper tantrums and physically abuse Tim.  One day, Rachel threw a twenty-pound dumbbell at Tim.  Fearing for his safety, Tim fled and never returned to the matrimonial domicile.  Subsequently, he filed to end his marriage. Rachel sought spousal support.  Tim contended she cannot receive spousal support since she abused him.  Rachel contended that Tim abandoned her, thus he was at fault.

How might a divorce lawyer view this fact pattern?  First, cruel treatment and physical abuse constitute fault.  Therefore, if it is proven that Rachel’s actions constituted physical abuse (throwing a dumb-bell on your spouse without justification certainly is), then she will be barred from seeking permanent spousal support.  Abandoning the marriage is also sufficient conduct to rise to the level of fault.  However, since Tim fled for his safety, he will be deemed free from fault.  Even if a person is free from fault, he or she must also be in need of support. For instance, Rachel cannot seek permanent spousal support if she is making 3 million dollars a year.