How a Louisiana Divorce Lawyer May Consider Separate Obligations

Oftentimes spouses who are about to end their marriage are very concerned with how their property is going to be divided.  In Louisiana, this process is governed largely but what is known as the “community property regime.”  This means that, typically, property acquired during the course of the marriage is deemed “community property.”  There are many grey areas to these “community property” laws however, and one should consult with a divorce lawyer if they find themselves facing this problem.
One less common but equally important concern is what will be the approach of a divorce lawyer to “community obligations.”  Obligations in Louisiana can generally be described as financial duties and responsibilities which the spouses have incurred over the course of the marriage, either for the benefit of the other spouse or for the benefit of both spouses.  If an obligation is deemed not community, but “separate” under Louisiana law, it will typically not be owed by both parties after the marriage is over, but rather solely by the spouse who incurred it during the marriage.  Let’s turn to an example of how a divorce lawyer may approach such a scenario to better illustrate this point.
Let’s say Alex and Amy have been married for seven years.  They have no children.  Alex works as the foreman at a steel mill in Laplace, and Amy works as an office manager at a doctor’s office in New Orleans.  From the beginning, it always seemed like Alex and Amy’s marriage was doomed for failure.  They are both very high-strung and emotional people, and they constantly fought…even during their honeymoon!  After the seventh year of their marriage, the two decided it was over.  For the purposes of this example however, let’s go back to year six of the marriage.
In year six, Amy, while working as an office manager, was constantly butting heads with the new secretary, Tammy.  The reasons for their disagreement are not quite clear.  At any rate, one day their arguments came to a boiling point, and Amy pushed Tammy in the office.  Tammy fell backwards and landed on her arm, fracturing it.  Subsequent to this fight, Tammy sued Amy for intentional assault and battery.
Let’s assume that Amy and Tammy agreed to settle out of court for the intentional tort.  The settlement was for ten thousand dollars.  Let’s say that Amy has not paid a dime of the settlement by the time her divorce lawyer had filed to end her marriage to Alex.
Alex’s divorce lawyer could argue in this situation that when a Louisiana court is divvying up the separate and community property, as well as the separate and community obligations, that the court should consider the money Amy owes for the settlement a “separate obligation.”  This could be argued under Louisiana Code article 2363, which says in pertinent part that “an obligation resulting from an intentional wrong” is to be considered separate.  If a court finds this to be correct, than Alex may not have to share in the debt after the marriage ends.
Will Beaumont practices law in New Orleans and Metairie.  The above is just information and not legal advice.