Spousal Support, Alimony

Determination of final periodic support

When a spouse has not been at fault in causing the divorce and is in need of support, the determination of a spouse's final periodic support (or alimony) obligation is based on the needs of that party and the ability of the other party to pay.

In determining the amount and duration of final support, the court considers "all relevant factors". Pursuant to La.Civ.Code Art. 112, those factors may include:

(1) The income and means of the parties, including the liquidity of such means.
(2) The financial obligations of the parties.
(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) The tax consequences to either or both parties.

You should consider all of these factors in building your case for spousal support. Just know that, in the end, the sum awarded will not exceed one-third of your spouse's net income.