There are two types of Spousal Support recognized in Louisiana.
(1) Interim Spousal Support; and,
(2) Permanent Spousal Support (which does not necessarily mean forever).
(1) Interim Spousal Support ("ISS") may be requested by a spouse during the pendency of divorce proceedings and is based on:
i. The needs of the requesting party; and,
ii. The ability of the other party to pay.
An award of ISS terminates one hundred eighty (180) days from the rendition of a judgment of divorce (and may be extended for good cause shown). In determining the award, the Court will consider the net income of both parties, including any child support obligation, and will consider the standard of living of the parties during the marriage.
(2) Permanent Spousal Support ("PSS"). PSS does not necessarily mean forever but it is spousal support that is awarded past the period that interim allows. In order to receive this type of support, the asking party must be "free from fault." Additionally, the Court will consider other factors that are not considered when making interim awards. These factors include:
(1) The income and means of the parties, including the liquidity of such means.
(2) The financial obligations of the parties, including any interim allowance or final child support obligation.
(3) The earning capacity of the parties.
(4) The effect of custody of children upon a party's earning capacity.
(5) The time necessary for the claimant to acquire appropriate education, training, or employment.
(6) The health and age of the parties.
(7) The duration of the marriage.
(8) Tax consequences.
(9) The existence, effect, and duration of any act of domestic abuse.
An award of ISS or PSS may be modified if the circumstances of either party materially change and shall be terminated if it has become unnecessary.
To learn more information regarding spousal support, contact an experienced attorney at De St. Germain Law Office today, at (985) 718-4550, or by email to schedule a free initial consultation.