Divorce Lawyer: The Requirements of Final Spousal Support in Louisiana

Spousal support is reserved for only those who are in need and are in good faith.  So if you are making 3 million a year and you cheated on your ex-spouse, then do not even waste your time working with a divorce lawyer to try to seek spousal support.  But, a party with insufficient means and free from fault can seek permanent spousal support.

The Louisiana Civil Code provides factors, which the court may consider in determining an amount for final spousal support.  When a court considers the means of the parties, they look to each former spouse’s income and assets.  Support is defined as an amount enough to provide the seeking-party money for food, shelter, transportation, daily upkeep and maintenance such as utilities and taxes, and medicine.

An ex-spouse cannot seek permanent spousal support so that he or she can have enough money to buy a brand new top-of-the-line luxury sports car.  A court looks to the income, means, and assets of the party that will pay the support.  A hotly contested issue for a divorce lawyer is whether social security benefits are considered income.  If so, a court would be able to factor this into the paying party’s assets and means.  Louisiana courts as well as Federal Legislation have stated that social security payments are income and must be considered when determining a party’s ability to pay spousal support.

So for example, let’s say Chuck and Monica’s marriage has ended with the assistance of a divorce lawyer.  Monica is seeking permanent spousal support from Chuck.  Chuck owns several rental properties, has several stock options, and has 3 million dollars in his savings account.  Additionally, he gets a social security check every month.  Monica is seeking to increase her monthly amount she receives from Chuck by asking a court to include Chuck’s social security check in the formula for determining the amount he can pay.  In this case, she should win, as social security is income that should be considered.  

Now let’s look at some situations which are often at issue for a divorce lawyer in Louisiana spousal support hearings.  Let’s say Monica is a medical doctor.  However, since her marital breakup, she works at a restaurant waiting tables and cannot make ends meet.  She has no money for food, shelter, clothing, or anything else.  Will a court award her spousal support?  It depends.  If she is intentionally under-employed for the purpose of increasing the amount she receives from Chuck, then she will not get such support and will be ordered to find work for which she is qualified.  However, if she is genuinely struggling, then Chuck may have to pay her permanent spousal support.

Another aspect of determining income and means is looking at the liquidity of the assets.  For example, Chuck owns 7 homes with a total of 20 million dollars.  Often times a court will consider the value of the home as liquid means and include in the formula to determine Chuck’s payments.  

When seeking spousal support payments, it is important to contact a divorce lawyer who knows the law.  Sometimes things can get complicated.  When this happens, we will be able to help you. Here at Beaumont Divorce LLC, we do well all day and everyday to serve you. We work hard to bring you the best possible result for you. We hope that you call us for a free consultation if you have any questions. Thanks for choosing Beaumont Divorce LLC. We hope you found this blog helpful.