Old Couples vs. Young Couples in Louisiana Final Spousal Support Scenarios

There are a variety of factors which a Louisiana court may look at in coming to their conclusions on final spousal support. One source of factors comes from Louisiana Civil Code article 112, and specifically provisions (B)(6) and (B)(7) of that article. These provisions deal with the relative age of the spouses, their health, and the duration of the marriage. Let's look at a couple examples to show how divorce lawyers may see how these provisions might work.

Let's say Cat and Ben have been married for six months. They are both twenty two years old. Ben works and Cat stays at home. Ben's job is a very good one, and he earns more than enough to provide for both himself and Cat. Both of the spouses enjoy good health. After six months of marriage however, Ben and Cat decide to each hire divorce lawyers. As part of the proceedings, Cat asks the court to award her spousal support.

Now let's say we have another couple, Rick and Gloria. Rick and Gloria have been married for twenty-five years. The entire course of the marriage, Gloria did not work. This was for a few different reasons, but the main one was because Rick earned a good deal of money from his job, and he preferred that Gloria stay home and raise their two children. As a result of being a stay at home mom, Gloria did not pursue a career of any kind. In her old age, Gloria also became sick. While her insurance covered a great deal of her medical care, it did not cover everything. Gloria still requires that a caretaker come visit her two to three times a week to make sure she is doing okay. Let's say that after twenty five years, Rick and Gloria elect to get divorce lawyers. Gloria petitions the court to have Rick provide her with spousal support.

Perhaps the reader can see the stark contrast between the above two examples, especially if they are analyzed according to the factors of Code article 112 (B)(6) and (B)(7). In the case of Gloria and Rick, Gloria has built her whole life around the financial support of Rick. She has been married to him for twenty-five years, she is presumably much older than Cat in our first example, and she also is in ill health. Her reliance on Rick, particularly when considered in light of her age, her health, and the duration of her marriage, is quite extensive.

Conversely, Cat has only been married to Ben for half of a year. She is still very young. Also, she is in fine health. It would be a tough argument to make that her reliance on Ben is anything near to the extent the Gloria has relied on Rick.

Because of the sharp difference in the above examples, one can see how a Louisiana court and divorce lawyers might consider much more heavily sections (6) and (7) under 112 in the case of Gloria and Rick, in deciding whether to award final spousal support.

The above is provided as general information on the law -- this is not legal advice. Please consult with an attorney for any legal questions. William H. Beaumont. New Orleans and Metairie, Louisiana.