Health and Age As It Relates to Spousal Support

In Louisiana, when a married couple gets divorced, one issue that oftentimes must be addressed is that of "spousal support." Spousal support is the money paid by one spouse to the other spouse in the event that a Louisiana court finds that other spouse deserves such support. A court will generally look at the ability of each party to pay the spousal support, as well as the financial needs of the party who is claiming spousal support. There are certain actions which can transpire during the marriage that may bar a spouse from receiving spousal support, such as committing an act of adultery. Similarly, there are actions which may occur after the support award has been rendered which may terminate the award, for example, getting remarried.

A Louisiana court comes to a tailor-made determination in each case. In coming to this determination the court will consult a variety of rules and regulations, most notably those found within the Louisiana Civil Code, in addition to equity. Specifically, it would be difficult for a court to come to conclusion without consulting Code article 112. This particular article puts forth a checklist of 8 factors for the court to look at in affixing the spousal support award. These factors include things such as the earning capacity of the parties to the divorce, their respective obligations and debts, as well as tax considerations. Today's article deals specifically with one such factor, factor number six.

Factor six explains that a court shall consider the "health and age" of the parties when awarding spousal support. At first blush, this might make a good deal of sense to many of my readers. Obviously, the spousal support requirements for two divorced spouses in their 20s will likely be far different from two divorced spouses in their 60s.

For example, let's say we have an elderly couple that has just been divorced. Throughout the entire course of the marriage, the wife was the sole earner in the relationship. From a relatively young age she became an accomplished fiction writer and novelist, and her works earned her a great deal of money. The husband was a stay and home father, and saw to the raising of their five children. Now, in their old age, for whatever reason, they decide to get divorced. However, let's add to this example another twist: for the last five years leading up the divorce, the husband has had a grave illness whose treatment is not totally covered by their insurance policy. The wife has made payments towards the treatment of the husband out of her own pocket. Let's also say that the husband and wife hand their property judicially partitioned long ago, so that the husband is not entitled to any of the wife's vast fortune.

Under factor six of article 112, a court will likely consider the husband's medical treatment in awarding spousal support. Because he is old and infirm, he stands little chance of being able to care for himself in the same manner which he did while he was married to his wife.

This above is only some information on Louisiana law; it is not legal advice. Will Beaumont. New Orleans