Alimony (sometimes called spousal support) is an amount of money sometimes decided by the court that one spouse must pay to the other after a divorce.
In Louisiana, alimony is only awarded under certain circumstances. Presenting a case for why you deserve alimony and how much you should receive can be a complex process.
Do You Qualify for Alimony?
Normally, alimony is awarded in marriages where one spouse is financially dependent on the other. Alimony is more likely to be awarded for marriages that lasted long-term. Qualifying for alimony includes proving to the judges that you were financially dependent on your spouse during the marriage and that your spouse has the ability to pay alimony. Instances of adultery might either impact your ability to claim alimony or support your case.
To determine if you qualify for alimony in Baton Rouge, Louisiana, judges will evaluate the following factors, according to DivorceNet:
- Each spouse’s income and means
- Both spouse’s financial obligations, including whether the court orders either spouse to pay child support
- Each spouse’s earning capacity
- Whether each spouse’s custodial responsibilities impact earning capacity
- How long the supported spouse needs to acquire appropriate education, training, or employment
- Each spouse’s health and age
- The duration of the marriage
- The tax consequences to either spouse, and
- Whether there is a history of domestic abuse by the paying spouse against the supported spouse or children, regardless of whether the court found the paying spouse guilty.
According to LegalZoom, if you will face hardships without financial support, courts will likely consider awarding you alimony, at least for a brief time period.
Can Alimony Be Modified?
Yes. The court can modify or terminate existing alimony orders if your circumstances change. Courts will consider the following factors when deciding whether or not to modify alimony awards:
- A significant change in health, level of education, or the age of either party
- A change in the employment status of the receiving spouse
- A change in the financial circumstances of either party
- Any event that significantly affects the paying spouse’s ability to pay
- The length of time between the initial award and the request for modification
- If the recipient spouse remarries
- If either party dies
- If the recipient spouse is in a marriage-like relationship with someone else
How to Claim Your Alimony
Alimony helps you better move on with your life after divorce, especially if you relied on your spouse as the primary breadwinner. But claiming alimony isn’t simple. Because there is no specific formula for the court to determine the amount and duration of alimony in Baton Rouge, Louisiana, you need an aggressive attorney to convince the judges. Don’t miss your opportunity to claim the alimony you need and deserve after your divorce. An experienced family law attorney can help you achieve stability and help you secure the future you deserve. Call our Baton Rouge office at 225-343-2205 or message us.
3960 Government St.
Baton Rouge, LA 70806