Different Types of Spousal Support
The circumstances of your case determine whether you qualify for spousal support or not. There are three types of spousal support in Louisiana: interim, periodic, and permanent. The spouse who makes little or no income during the marriage might not be prepared to support themselves after the divorce. Spousal support is generally awarded to the spouse that does not work full-time and does not pay for most household expenses. See La. CC Art. 111.
Interim Spousal Support
Interim support is awarded after the Petition for Divorce is filed but before the divorce is finalized for a period of 180 days (approximately six months). Any party to the divorce may request interim support. It will be awarded if the judge finds that the party requesting support needs it and the other spouse is able to pay it. It is temporary in nature will end as soon as the divorce is finalized regardless of whether the 180 days accrued or not. There is a statutory exception to this and the judge may award interim support up to six months after the divorce is finalized if the judge finds that post-divorce support is not reasonable. See La. CC Art. 113.
This is the most common type of spousal support in Louisiana. Periodic support is awarded when the spouse receiving it has the ability to support themselves but needs time and funds to get back their feet. The judge will take into consideration if the spouse requesting spousal support stayed at home and lost valuable work experience and schooling. The court presumes both parties will be employed after the divorce but will award periodic spousal support to help the spouse who requested support gain financial independence.
Permanent spousal support is less common but the court may award it if the right circumstances are met such as the supported spouse is disabled or is a senior citizen. It is awarded after the divorced is finalized. The period for permanent support is not defined and can last indefinitely if there no material change in circumstances.
Both periodic and permanent spousal support is terminated if the supported spouse remarries or dies. Also, a judge can terminate periodic and permanent support if the supported spouse is found to be living with a third party in a “marriage-like” relationship.
Contact The Weiser Law Firm to see if you or your spouse is entitled to spousal support.