When you file for divorce, several matters must be resolved. For example, if you have children, the court will enter an order resolving child custody and child support. Marital property must be divided between the spouses according to property division laws. In some divorces, the court may award alimony or spousal support.
What Is Alimony in a Louisiana Divorce Case?
Alimony or spousal support is a financial payment from a spouse to their ex-spouse during and/or after a divorce. The money is intended to help a spouse provide for their basic needs when they do not have the resources or income to support themselves during and after a divorce. The type and amount of alimony ordered by the court depend on the factors of the case.
What Is Contractual Alimony or Spousal Support?
Contractual spousal support is alimony the couple agreed to before they were married. For example, the couple entered a legally binding prenuptial agreement. Part of the agreement called for one spouse to pay the other spouse a specific amount each month should the couple divorce. Louisiana courts typically uphold these agreements if the pre-nuptial was legally executed, does not violate state law, and is not so unfair that the court finds the agreement unconscionable.
What Consequences Will I Face If I Refuse to Pay Alimony in Louisiana?
An alimony order is legally binding on the paying spouse. You can face several consequences if you refuse to pay court-ordered alimony in Louisiana. The penalties for failing to pay alimony include:
- Interest of 10% per year added to alimony arrears (i.e., past due alimony payments)
- Wage garnishment
- Contempt of court
- Seizure of bank account balances
The court may impose other penalties if you are found in contempt of court. Talk with a lawyer about your legal options for changing alimony payments before becoming too far behind in making payments.
Can Alimony Be Modified in Louisiana?
If you cannot afford to pay your alimony payments, you can petition the court for a reduction in alimony. However, you must prove to the court that a substantial change in circumstances justifies reducing your alimony payments. Examples of circumstances that could lower your alimony payments include:
- Losing your job for 90 days or longer
- Having another child with someone else
- Becoming disabled because of an injury or illness
In addition to lowering your alimony payments because of your situation, you could petition the court to reduce or stop alimony if your ex-spouse’s income changes. For example, you may ask the court to reduce alimony if your spouse obtains a job or has another change in their ability to earn income.
Another reason to ask the court to modify spousal support would be your ex-spouse receiving substantial property or money, such as receiving an inheritance or winning the lottery.
What Are the Types of Alimony in Louisiana?
There are three types of alimony that courts may grant in Louisiana:
Temporary Alimony/Interim Spousal Support
The type of alimony is paid during a divorce case. Generally, temporary alimony ends when the divorce process ends. However, a judge may order interim spousal support for six months after entering a divorce decree.
Periodic Post-Divorce Support
Periodic support is the most common type of alimony awarded in Louisiana. It is paid after the divorce is final until a spouse gains the necessary skills or education to obtain employment to support themselves. Periodic alimony ends when a spouse no longer needs financial support, dies, or gets remarried.
Permanent Alimony/Final Periodic Spousal Support
Permanent alimony is rarely awarded. Spousal support is paid until one of the spouses dies. Generally, permanent support is paid when a spouse is disabled, has an exceptionally low earning capacity, or is too old to work.
Judges consider numerous factors when deciding the type and amount of spousal support to order. Factors that judges may consider include:
- A spouse demonstrated a need for financial support
- The paying spouse’s ability to pay support
- The duration of the marriage
- Which spouse will have primary custody of the children
- The standard of living during the marriage
- Any spousal fault during the marriage
- The ability to work, health, and financial status of each spouse
- The time required for a spouse to obtain the skills, education, or experience to obtain adequate employment
- Allegations of domestic abuse of a spouse or child
Alimony is paid through wage withholding orders. Wage withholding orders may not exceed 30% of a person’s net income unless a judge determines the paying spouse is guilty of domestic violence during the marriage.
Can I Receive Alimony for a Common Law Marriage in Louisiana?
You must obtain a marriage license and meet all requirements for a marriage to be legal in Louisiana. However, some individuals live together without going through the steps to get married. They may consider themselves to be married under common law.
Louisiana does not recognize common law marriage. However, Louisiana will recognize a common law marriage from another state under the United States Full Faith and Credit Clause. The common law marriage must be legal in the other state for the couple to receive the rights of common law marriage in Louisiana.
If a couple had a legal common law marriage in another state, Louisiana recognizes the following rights:
- Right to spousal support or alimony
- Right to property division
- Right to child custody and child support
- Right to visit a spouse in jail
- Right to healthcare benefits
- Right to obtain a divorce
- Right to inheritance from a spouse
Enforcing alimony in a common law marriage should be the same as enforcing alimony in a legal marriage under a marriage license. However, the court may require proof that you were common law married in a state that recognizes common law marriages. This step could be challenging, so it is best to consult a divorce lawyer before going to court.
Learn More About Alimony in Louisiana During a Free Consultation
Contact us to schedule a free consultation with our experienced Shreveport divorce lawyers, or call our law office at (318) 323-2213 today. Learn about how Knight Law Firm can guide you through alimony support and other matters resolved during a divorce case, including how you can modify alimony payments if the payments are unfair.
