Going through a divorce can be a stressful and emotional time. Aside from the division of assets, financial support is also a crucial aspect that is often addressed during the divorce process. Spousal support, as it is called in Louisiana (you may hear the word "alimony," which is used in other states), is the financial support provided by one spouse to the other after the marriage has ended. In Louisiana, there are different types of spousal support that can be awarded depending on the circumstances of the divorce. The two main types are interim spousal support and final spousal support, as detailed below:
- Interim Spousal Support
Interim spousal support is awarded on a temporary basis during the divorce proceedings. This type of support is typically awarded to the lower-earning spouse to help them with their basic needs during the divorce process. The amount and duration of the interim spousal support are determined based on the immediate needs of the recipient spouse and the ability of the other spouse to pay, taking into consideration the "status quo," or the standard of living that the parties were accustomed to during the marriage. This is the most commonly awarded form of support because generally, as long as one party needs it and the other party can pay it, the entitlement is there regardless of legal fault in the dissolution of the marriage. - Final Spousal Support
Final spousal support may be awarded in situations where the recipient spouse will need long-term financial support. This type of support is determined by considering the same factors used for periodic spousal support, but a party may not be entitled to it if they are found to be at legal "fault" in the dissolution of the marriage. Final support is generally difficult to obtain, but consult with your attorney to see if it is right for your circumstances.
Spousal support can play a significant role in the outcome of a divorce settlement, and besides the two main forms above, it can be awarded for a variety of reasons and in a variety of ways. It is essential to understand the various types of spousal support to make informed decisions during the divorce process. If you are going through a divorce or considering a divorce, it is essential to hire a skilled family law attorney to guide you through the legal process and ensure that your rights and interests are protected. At Rozas, we have experienced family law attorneys who can help you understand your options and get you the best possible outcome. Contact us today for a free consultation.
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