How Can I get Alimony in Louisiana?
Divorce is an emotional rollercoaster, often filled with uncertainty and anxiety about the future. If you’re asking yourself, "Can I get spousal support (alimony) in Louisiana?" know that you’re not alone. Many people find themselves in this position, wondering how they will maintain their financial stability after separating from their spouse. You will need a Metairie spousal support attorney to help you understand the laws and to guide you in the court proceedings.
What is Alimony ( Spousal Support) ?
Spousal support, often known as alimony, is a financial lifeline for many who are transitioning out of marriage. It's designed to help the lower-earning spouse maintain a lifestyle similar to what they were accustomed to during the marriage. This support can be crucial for those who may have taken on more domestic responsibilities or paused their careers to support their partner and family.
Types of Spousal Support in Louisiana
In Louisiana, there are two main types of spousal support:
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Interim Spousal Support
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Final Spousal Support
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Interim Spousal Support: Think of this as temporary relief during the divorce process. It helps you get by until the final divorce decree is issued. The court will look at the standard of living you enjoyed during the marriage and your current needs to decide on this support.
Final Spousal Support: This kicks in after the divorce is finalized and can be either temporary or permanent. It’s based on your needs and your ex-spouse’s ability to pay, taking into account a variety of factors.
Factors Considered for Spousal Support
Louisiana courts consider several factors when determining spousal support, such as:
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Income and Means of Both Parties: The court looks at both your financial resources and those of your ex-spouse.
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Financial Obligations: This includes any debts and financial responsibilities you both have.
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Earning Capacity: Your education, training, and job skills come into play here. If you’ve been out of the workforce, this can be an important consideration.
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Duration of the Marriage: Longer marriages often have a higher likelihood of spousal support.
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Age and Health: Both your physical and mental health are taken into account.
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Custodial Responsibilities: If you’re the primary caregiver for your children, this will be considered.
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Time Necessary for Education or Training: If you need to go back to school or get training to find employment, this is factored in.
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Standard of Living During the Marriage: The goal is to help you maintain a lifestyle similar to what you had during your marriage.
How to Apply for Spousal Support in Louisiana
To apply for spousal support, you’ll need to:
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File a Petition: Submit a formal request to the court.
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Provide Financial Documentation: You and your ex-spouse will need to disclose your financial situations, including income, expenses, and assets.
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Attend a Hearing: You’ll present your case, and the judge will decide based on the evidence provided.
Modifying Spousal Support
Life changes, and so can spousal support orders. If there’s a significant change in circumstances, such as a change in income or health, you can file a petition to modify the support. The court will consider these new factors to determine if the support should be adjusted.
Contact Moisant Law Today for a Consultation​
Wondering how much alimony you might be eligible for? At Moisant Law Firm , we provide personalized legal advice to help you understand your options.
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Call us at 504-317-1685 or fill out our online contact form.
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We are located in Metairie, Louisiana and serve the surrounding areas.