How does alimony work in Louisiana?

Louisiana spousal support is unique among U.S. jurisdictions because it stems from the Louisiana Civil Code, reflecting Louisiana's civil-law (Napoleonic) heritage rather than English common law.

1. Two Types — La. C.C. arts. 111-117

Interim spousal support (La. C.C. art. 113) — paid during the divorce proceeding and continues for 180 days after the divorce decree (extendable for good cause). Designed to maintain the prior standard of living temporarily.

Final periodic spousal support (La. C.C. art. 112) — long-term support after divorce, available only to a spouse "in need" and "free from fault" prior to the filing.

2. The Fault Bar — La. C.C. art. 111

"In a proceeding for divorce or thereafter, the court may award interim periodic support to a party OR may award final periodic support to a party who is in need of support and who is free from fault prior to the filing of a proceeding to terminate the marriage."

The fault bar is unique: a spouse must be "free from fault" to receive final support but NOT to receive interim support. Fault includes adultery, conviction of a felony with hard labor, habitual intemperance, cruelty, public defamation, abandonment, attempt on the other's life, status as a fugitive, or living separate and apart for the requisite period.

3. Amount Cap — La. C.C. art. 112(D)

The sum awarded as final support shall not exceed one-third of the obligor's net income — a hard statutory cap unique to Louisiana.

4. Factors for Final Support — La. C.C. art. 112(C)

Income and means of the parties, including liquidity of assets

Financial obligations of the parties, including any interim allowance/final child support

Earning capacity of the parties

Effect of custody of children on a party's earning capacity

Time necessary for claimant to acquire appropriate education/training/employment

Health and age of the parties

Duration of the marriage

Tax consequences

Existence, effect, and duration of any act of domestic abuse committed by the other spouse upon the claimant or a child of one of the spouses, regardless of whether the other spouse was prosecuted

5. Domestic Abuse Presumption — La. C.C. art. 112(B)

If the spouse seeking support was the victim of domestic abuse during the marriage, there is a presumption in favor of awarding final spousal support.

6. Modification — La. C.C. art. 114

Modifiable on a material change in circumstances of either party. May also terminate when no longer necessary.

7. Termination — La. C.C. art. 115

Spousal support extinguishes upon:

Remarriage of the obligee

Death of either party

Judicial determination that the obligee has cohabited with another person of either sex in the manner of married persons

8. Community Property First

Louisiana is a community property state (La. C.C. art. 2336). Property division comes first under the community-property regime — affecting need.

9. Tax

Federal TCJA applies — orders post-2018 are non-deductible/non-taxable.

This is legal information, not legal advice.